We are supposed to be closing on our home on 4/19 that we have waited 5 months to buy. It is a short sale, and now that all parties have agreed, the

Asked by Gail, Zephyrhills, FL Sat Apr 3, 2010

sellers are taking down the pole barn and attached sheds, which are supposed to stay and is clearly stated in the contract they signed. I am going to contact a lawyer on Monday because I have a legal plan that will cover it, but is there anything I can do before then? Someone I know suggested that I have them served with a copy of the contract, but I am not sure if that is somehting the sheriff's dpt. will do. Any suggestions?

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7
George Sente…, Other Pro, Bridgeport, CT
Mon Apr 5, 2010
According to Florida law,once a contract is accepted, nothing is to be removed from the property especially if the contract was written as such especially if the fixtures are secured and permanent,i am NOT an attorney, but you need to consult one that is practicing in Real Estate, this being a short sale has different remafications, and the closing date is not written in stone, and it could change, or not go through.
You also may be buying a home that has issues, foundation problems or other problems, have you inspected the property?
I advise you to get an inspection,you are probably buying it as is, it is a good idea to get an inspection, to give you an idea what u r buying and what to expect,if you need a licensed inspector call me, click on my picture.
Dont forget to get advise from a Real Estate attorney.
Are you doing this deal by yourself? Get an agent to represent you, it wont cost u anything..
And make sure the owner is the REAL owner of the property.
Good luck..
0 votes
Don Tepper, Agent, Burke, VA
Sun Apr 4, 2010
As the others say, contact an attorney today.

If you have something like PrePaid Legal, that's not going to help. (I have that service and it's minimally acceptable for some services, but not for what you're concerned with.) Consider this scenario with PrePaid Legal: You'll be asked to fax your documents in. There's a limit to the number of pages they'll review--often it's 10 pages. If your contract is for more, then you may be out of luck.

But let's say you do fax it in. Then PrePaid Legal promises to get back to you within 3 business days. So you fax it in on Monday (April 5), and they promise to have an attorney call you by Thursday (April 8). If the attorney does get back to you, and does have a recommendation at that point (let's say a letter or some other action that the attorney will take), the attorney will have 5 business days in which to do it. That brings us to April 15. Then the letter is sent, and it arrives on April 17. And the letter at best informs the sellers that, per the terms of the agreement, the pole barn and sheds are included in the sales agreement.

Well, guess what? The sellers already know that. And now you're zero business days away from settlement.

So, don't rely on your legal plan to provide you any sort of help or protection in this case. You need to act today.

And contact the listing agent, too. (Or have your agent do it.) Let the listing agent know what's going on. Maybe he/she can get through to the sellers.

Hope that helps.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Sun Apr 4, 2010
Are c/o's an issue is that why they are being taken down and what is your agent advising---you really need to consult with an attorney who specializes in real estate and check out all your options.
0 votes
Chris Suarez…, Mortgage Broker Or Lender, Spring Hill, FL
Sun Apr 4, 2010
They do not own the property until you close and all parties sign. They are not allowed to do anything at all until they actually own the home. I am not an attorney or anything of the sort but, wouldn't this be "Trespassing" and illegal? The Realtor should be able to do something about it I would think. I do know that the Buyer is never allowed to do ANYTHING to the property unless the seller says it is ok. This is for Liability purposes. Also, what happens if their financing falls thru and you don't close? Now, you have these things done to the property that affect the value.
Their Realtor and yours should be telling them not to step foot on the property until they own it otherwise they are Trespassing.

Just my opinion and knowledge. Again, not an attorney but, I know they cannot do anything until they own it.

Chris Suarez
Suarez Home & Finance Corp.
0 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Sun Apr 4, 2010
Gail, good suggestions - you are on the right track with contacting an attorney BUT today, and as soon as possible, you should have your agent contact the listing agent as suggested. If the listing - and the contract - specifies that these things are included, then it should be understood. Call you agent right away.

Good luck,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference:  http://www.feenick.com
0 votes
Debra B Albe…, Agent, Port St Lucie, FL
Sun Apr 4, 2010
First, have your realtor call the listing realtor and broker. They are responsible for the listing that included the items that are in dispute AND they can inform their customer that the contract stated those items will remain. I would also then talk to an atty. if there is still a need. Please contact them TODAY!

Debbie Albert, PA
Coldwell Banker Residential
0 votes
Michael Russ…, , 75006
Sat Apr 3, 2010
First I would have the broker who repesents you contact the sellers broker and communicate what you have stated. Then if no response or disregard, if you have one in your area I would contact a board certified real estate attorney. Just my opinion Best of luck
0 votes
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