Real Estate N00b
Aug 26, 2004 at 5:55 PM Post #121 of 132
Do I need an attorney? The closing costs are killing me enough as it is.
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I read through the law suit, basically, the plaintiff claims that her former real estate agent (the current seller of the condo I'm trying to buy) lied to her about getting loans, in order to buy the condo for himself (which he did.). So she is suing for potential lost income, interest, emotional distress, etc. It does not list possession of the property anywhere in the suit.

The plaintiff's story is that the defendant conspired to deceive the plaintiff into thinking she could not get a loan at a favorable rate, in order to buy the property for himself.

The defendant's story is that the plaintiff could not qualify for a favorable rate, kept trying to get better rates, until it was too late (past closing period). The seller of the property was not happy and threatened to keep the deposit and downpayment (the plaintiff neglected to opt for a loan contingency in the purchase contract, so although she claimed that the defendant, the then real estate agent, neglected to check off that option, she signed off on it anyways, so it's her fault.). So in order for her to get her money back, the defendant "graciously" offered to buy the property.

Since the lawsuit is listed at July 12, 2004, our offer for the property was July 28, 2004, the current seller (the defendant) had prior knowledge of this lawsuit, and withheld this information from us until two days ago.

That makes me believe the plaintiff.

Either way, I want no part in this lawsuit. I'll have to call the Escrow officer and find out if the title is in the clear, and not part of this lawsuit.

Anything else I need to worry about? (As if I needed more) I really annot have more bad luck at this point.
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-Ed
 
Aug 26, 2004 at 6:45 PM Post #122 of 132
Edwood, AFAIK to get a clear title is the purpose of title insurance. If the title company issued you a title insurance against that property, you have nothing to worry about. If that property is part of the lawsuit, I don't think the title company will issue a title insurance against that property. Check with your title company.
 
Aug 26, 2004 at 9:02 PM Post #124 of 132
What RYCeT said. But if you have any doubts in this, get an attorney that specializes in business law to look over the paper work. Or at least the suit. You'll forget most of these costs a year after you have lived in the house, but you have to live with any ongoing legal disputes.

Remember a few points:
- Your Real Estate agent is NOT an attorney, but an agent on your behalf in a transaction. You are ultimately liable for your agents mistakes, failures, etc.
- Unless you have a contract with the agent that states otherwise, the agent has a direct financial interest in seeing the sale go through but does not have a direct financial interest in seeing your assets protected.
 
Aug 30, 2004 at 9:58 PM Post #126 of 132
Signed the huge mountain of Loan Docs and Escrow Papers today.

Also, gave the biggest certified check I've ever had in my hands. Ouch.

Makes all my Head-fi purchases look like spare change.

If all goes smoothly, I'll have a new condo this week.

-Ed
 
Aug 31, 2004 at 11:25 AM Post #127 of 132
Cool, good to hear it finally worked out. Patience and determination finally pays off
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Once you move and settle in the new place you will quickly forget all you had to deal with and just enjoy having your own place. We are actually picking up a contract to review today for the new house construction. Now construction is a real headache
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Good luck
 
Aug 31, 2004 at 3:00 PM Post #128 of 132
So this one goes through, all posters to this thread are invited for a get together, right?
 
Aug 31, 2004 at 3:25 PM Post #129 of 132
Quote:

Originally Posted by Edwood
Signed the huge mountain of Loan Docs and Escrow Papers today.

Also, gave the biggest certified check I've ever had in my hands. Ouch.

Makes all my Head-fi purchases look like spare change.

If all goes smoothly, I'll have a new condo this week.

-Ed



You did it man, you are now a homeowner. Congratulations Edwood.

Now, about the new furniture......
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