Home selling nightmare - go after buyer's agent?

If you're going to "cave", do it in a way that doesn't expose you to future liability for "wrongs" that are real or imagined by this buyer or their agent/armchair lawyer. Give them their deposit back, pay for the inspection and appraisal if a copy is given to you, and let them find another sucker/seller to harass.

Around here, for a nuisance lawsuit involving real estate a $10k retainer is pretty common, and it will cost more if it ever goes to court.

Professional victims always seem to find a lawyer for free, but you'll have to pay to defend, even if it is bull.

You've obviously got a great house if it sold in a few days, sell it to someone who wants a house instead of an argument. Perhaps negotiate a bit harder & you might even recover the cost of this escapade.

Jerry Springer is more than a TV show host for a certain percentage of the population, he's a "life Coach". You, like most normal, well-adjusted adults, aren't cut out to live with the level of drama that a professional victim can inflict.

Think about it, then disengage gracefully. Perhaps send your "victims" a case of malt-liquor to drown their sorrow after theyve walked away.

The best part of killing the deal would be that "agent-jr lawyer" doesn't get any of your money if the deal doesn't close. She does get paid by you if you do close.

roamerr said:   3 years ago I sold my 10 yr old home. It was in great shape but the buyers used an awful inspector. He noted anything he could find and had 72 items to correct. My first reaction was "Heck NO!". After I cooled I looked at the items and realized I could fix all in 8 hrs and for less than $100. I did to appease the buyers. The AC units outside were leveled to 4% tilt (something like that), I added additional truss cross bracing (some 2x4's that did nothing), and several other simple items.

Interesting view on very detailed inspectors. Would you hate a buyer just for using a very detailed inspector, or just for requesting reimbursements after their report? I have always had the view that I want the best, most detailed inspector out there, just so that I can know as much as possible what I am getting into (esp. with my first home purchase).

However, that doesn't mean I would act on every 'defect.' Rather, I would use my agent's experience in helping guide me as to what is reasonable in the industry. But, I'd still know the stuff that may come up in the next few years, which would help me plan better. So, I am curious, is it the inspector's report itself that you were turned off by, or their demands based on the inspector's report?

To the OP- I would also be very careful about looking unreasonable. If this does end up in court, you don't want to be the one saying "my agent offered to pay the fee to close, but I wouldn't let her/him." If you want to have them walk because you are afraid of the litigation that will happen after close, that is legit, but be very careful about every action you may take, as a judge may be looking at it in the future and you don't want them to have anything that could paint you as unreasonable or emotional.

All of this creative energy focussed on ideas for the name plate has distracted us from what is important: figuring out new ways to include the phrase "pound sand" in a response.

I'll send $20 to you if you get them to say "this house be stank" on the walk through video.

donotdrinkPBR said:   After re-reading this thread, I don't know what's worse - the OP made his wife cry over some door hardware, or the fact that he admitted it to FWF.

Sounds like a weak wife. He needs to tell her to pound sand.

McDealio said:   I once saw a cat pounce and land on a mouse.
my band's name is SoundPan. my drummer is P. Ownsend.

outtawhack said:   Well, I'm still waiting on the buyers to figure out what they want to do. I've agreed to amend the inspection contingency so they have until Friday. After Friday, if they don't bail, we close next Friday late afternoon.

In the meanwhile, their agent is doing everything possible to ensure they never sell another home in my community.

I received a notice from the buyer's agent's lawyer of the costs she would seek to recoup if I force the buyers to back out, including mileage, gas, meals, opportunity costs, and a fee she paid to their home inspector to ensure the home was inspected before the deadline because she muffed the contract (gave herself 7 days to get the inspection done but none of the buyer's parents' people were available before 10 days). In total = $3,217.34.

I burned the letter in effigy, I assume that is equal to getting in a car accident with a rental where they send a diminished value on the rental figuring some suckers will cave and pay.

Meals?? She would have not ate on her own otherwise? How did she calculate opportunity costs?

This is a joke.

You really found some wackos for buyers and buyers agent

What I would do is give their agent $1000 for a signed release of all claims , that doesn't require confidentiality

Then name him/her in every online review site to kill their business

outtawhack said:   SUCKISSTAPLES said:   You really found some wackos for buyers and buyers agent

What I would do is give their agent $1000 for a signed release of all claims , that doesn't require confidentiality

Then name him/her in every online review site to kill their business

Wacko is a kind word. Competition is so fierce in my community right now, buyers are even thanking sellers for selling to them, letting sellers decide the closing date, buying with no inspection contingency, and putting in offers with escalators.

Good idea on destroying her reputation, although that may require a separate thread!

With all that, it still just doesn't seem logical to jump through hoops for these folks - I realize you have pressure from the wife, and that shouldn't be underestimated, but as somebody else said, it's better to sell to somebody who wants to buy a house than just wants to buy trouble. I sincerely hope everything comes out good for you and wish you luck.

outtawhack said:   Well, I'm still waiting on the buyers to figure out what they want to do. I've agreed to amend the inspection contingency so they have until Friday. After Friday, if they don't bail, we close next Friday late afternoon.

In the meanwhile, their agent is doing everything possible to ensure they never sell another home in my community.

I received a notice from the buyer's agent's lawyer of the costs she would seek to recoup if I force the buyers to back out, including mileage, gas, meals, opportunity costs, and a fee she paid to their home inspector to ensure the home was inspected before the deadline because she muffed the contract (gave herself 7 days to get the inspection done but none of the buyer's parents' people were available before 10 days). In total = $3,217.34.

I burned the letter in effigy, I assume that is equal to getting in a car accident with a rental where they send a diminished value on the rental figuring some suckers will cave and pay.

I don't know about your state, but typically in the offer/purchase and sale agreement there's typically language that says that the buyer's/seller's sole remedy in case the deal doesn't go through is the deposit money held in escrow and nothing else. Sounds like just a fishing expedition. Just a lawyer hoping that you don't know your rights.

Just a sign that you should have had a lawyer at the beginning. Most sellers feel they're a waste of money and it seems like it at the end, but have an attorney could have stopped all this from even happening.

outtawhack said:   Well, I'm still waiting on the buyers to figure out what they want to do. I've agreed to amend the inspection contingency so they have until Friday.

After all this; why?

She's going to do a lot more crying when you guys are sued by the buyers

Try to get buyers to sign a release of all claims if you agree to return their earnest money

What are those costs? And do you mean you'd literally eat out for every meal if the house were not <eyeroll>'under contract'</eyeroll>? Why - so you don't have to hire a maid again to do the dishes? And you had all the carpets cleaned and thing you'll need to do that again - how long ago was it?

We saw a lot of houses when we bought our last. Almost all of them were 'lived in'. After normal hours or without a bit of notice, it was no big deal to find we couldn't get to see a house. It happened a few times.

outtawhack said:   I received a notice from the buyer's agent's lawyer of the costs she would seek to recoup if I force the buyers to back out, including mileage, gas, meals, opportunity costs, and a fee she paid to their home inspector to ensure the home was inspected before the deadline because she muffed the contract (gave herself 7 days to get the inspection done but none of the buyer's parents' people were available before 10 days). In total = $3,217.34.

I burned the letter in effigy
wait, who's getting emotional again?

how would you "force" the buyers to back out anyway?

you know you can say "no", right?

marketingmike said:   outtawhack said:   I made my wife cry

Very dumb. You'll pay for that.

Happy wife, happy life.

That's just such a sad life. Every time I hear that cliche I know a divorce is minutes away.

SCSURFER said:   SUCKISSTAPLES said:   She's going to do a lot more crying when you guys are sued by the buyers

Try to get buyers to sign a release of all claims if you agree to return their earnest money


This sounds like good advice to me. Buyers' parents may very well have a bored lawyer on staff or retainer. I'm guessing this thread is about to get a whole lot more interesting.

It seems the clear lesson here is to take control of the transaction early and stick like glue to the fine print/intent of the contract. Once you start allowing for exceptions and favors, you've opened up Pandora's Box- and that's one stinky hole.

Yep. This is self inflicted wounds by the OP. I can't believe one spouse would intentionally do something they know is a detriment to the family just because the other throws a temper tantrum.

Is your selling agent an amateur (I mean family friend).

outtawhack said:   Well, I'm still waiting on the buyers to figure out what they want to do. I've agreed to amend the inspection contingency so they have until Friday. After Friday, if they don't bail, we close next Friday late afternoon.

In the meanwhile, their agent is doing everything possible to ensure they never sell another home in my community.

I received a notice from the buyer's agent's lawyer of the costs she would seek to recoup if I force the buyers to back out, including mileage, gas, meals, opportunity costs, and a fee she paid to their home inspector to ensure the home was inspected before the deadline because she muffed the contract (gave herself 7 days to get the inspection done but none of the buyer's parents' people were available before 10 days). In total = $3,217.34.

I burned the letter in effigy, I assume that is equal to getting in a car accident with a rental where they send a diminished value on the rental figuring some suckers will cave and pay.

OK, this is just ignorant.

You really think this ends well?

Good luck - I look forward to the updates.

Wow. I'm just waiting to see how this all ends, and I expect it won't be good...

Good luck, though. Glad it's not my money/house on the line.

Foghorn Leghorn had something to say about this!