Home Buying in Hudson>Question Details

Jesse Wilson, Home Buyer in Michigan

i am suppose to close today on property in fl. but backed out. can seller sue me for any more than earnest?

Asked by Jesse Wilson, Michigan Fri Feb 15, 2008

money if i just got cold feet

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To all who answered. I loved the property I seen in a few times and went to closing day when I received closing papers day prior. Verbiage was not agreeable so I backed out. I was working with seller real estate office to purchase. After being threaten by seller and my real estate agent, I told them forget it. Very hard for them to sue me for backing out. I won and could have got my deposit back but decided enough was enough. Good thing as it turns out I am better to rent than buy with economy in such bad shape. The intent
was to purchase as winter home... Thanks again and to all be careful as some agents are wolves in todays market.. We did contact lawyer and he said seller would have a real hard time making us purchase and was king enough not to charge us for advise unless sellers attorney wanted to move forward. They backed off when they learned the odds. Seller contacted me and said our real estate office was the ones who pushed for suit as they had lost their commission. I could have went to board of realty and place a complaint. But decided we were better people by not putting more gas on the fire. All agents are not the same so be careful and get a good agent. They left very nasty messages which I had recorded just in case we went to judgement. Then I would have went for my earnest money. Very tough to make buyer purchase if they dont want... Seller backing out would be different a whole different story. We would have purchase and could have worked around the verbiage had our agent been more honest.. At the point of being so nasty to try and get their commission with threats to have seller sue. We said not in a million years.
0 votes Thank Flag Link Tue Jul 1, 2008
Interesting Jesse. A contract is a contract. If I were the home owner and someone backed out the day of the deal I have no doubt a lawsuit would entail and I would win. That is after all what a contract is for. You seem to blame the agent when in fact it was your responsibility .
Flag Thu Oct 31, 2013
Jesse,

We strongly recommend you seek legal assistance. Most Florida contracts call for lost of earnest money and damages. Don't wait to consult a real estate attorney.

Good luck,

The "Eckler Team"
0 votes Thank Flag Link Tue Jul 1, 2008
why did you back out. did you even see the property?
just curious.

just cold feet? nothing more?
0 votes Thank Flag Link Tue Jul 1, 2008
Jesse, I am a licensed Realtor in Georgia. Since I am not an attorney, I cannot provide legal advice. I strongly recommend that you seek professional legal advice. Based upon similar situations that I have encountered in Georgia, you could be at risk for more than just the earnest money due to your default (although it will depend on the written language contained in your contract). Again, do not wing it or take chances. Find a good real estate attorney who you can consult with on this matter.
Web Reference: http://MyGeorgiaHomes.com
0 votes Thank Flag Link Fri Feb 15, 2008
Vicki Masell…, Real Estate Pro in Duluth, GA
MVP'08
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