How long does it usually take?

[sparks19]

Well... we signed the termination papers and everything on the house we were going to buy.

We signed them about two weeks ago.

Our agent hasn't heard ANYTHING from their agent yet. STILL. She did send us an email saying that she saw that the house was put back on the market now but whenever she calls him she has to leave a message and he never calls her back. The last message she asked when we could expect our $1000 check to arrive.

This was last week. Still haven't heard anything.

So how long should it take to get that check? I really think they are trying to stiff us out of the money which is NOT going to happen. We aren't just going to forget about $1000 bucks.

So how long should we wait before we take the next step in action against them?

What would you do?

[caseysmom]

Can you cancel the check? I would call my bank immediately.

[sparks19]

Can you cancel the check? I would call my bank immediately.

they cashed the check already. it was the "good faith" money to hold the house. But with everything that went on afterwards we decided we didn't want the house plus we couldn't get financing because they have an illegal septic system. so it was cashed before we cancelled the contract.

[Sparklecoon]

I haven't kept up with what was going on with your house. I remember you were going to get it. Apparently not now :( . I hope everything gets settled and works out for you. People suck sometimes.

[caseysmom]

I would call the company the realator works for, you could also threaten calling the board of realators on him.

If they cash the check where does it go? Does it go into a title company? If so call them.

[sparks19]

I haven't kept up with what was going on with your house. I remember you were going to get it. Apparently not now :( . I hope everything gets settled and works out for you. People suck sometimes.

Yeah the original house we were going to get had some issues....

first off every seller has to fill out a sellers disclosure. In this disclosure it asked if there were any known problems with the septic system and they said no. And it also asked if there had ever been any damage from termites or wood eating insects and they said no.

We got a copy of the septic inspection the owners had done 6 months ago. the septic system failed inspection and they never fixed it and didnt' mention it in the disclosure.

They also had a termite inspection done (we have that copy too) and there was damage and they made the repairs but in the disclosure they said there was never any damage.

BUT the biggest thing was... in PA your septic system has to be 100 feet away from the well and in this case it is not. So it is an illegal system and THAT was never mentioned. Luckily the financier got a copy of the land survey and found out about it and of course they won't approve a loan with an illegal system.

So there was just a lot of shady stuff going on and we were going to back out before we even found out about the septic being less than 100 feet from the well. The sellers were apparently mad about us backing out... well they should have thought about that before trying to pull a fast one.

So I'm worried that since they apparently have hard feelings about it that they are going to try to keep our check. there are circumstances where the sellers can keep the check to cover the time the house was not on the market... but THESE circumstances do not allow them to keep the check. it is even in our contract that they cannot keep the check if we have just cause to back out.

So I just wonder how long we should wait before taking the next step. Brian is calling our realtor today to have her contact him AGAIN about the check and let him know that we are prepared to take the next step and if that means legal action so be it. HOPEFULLY it doesn't come to that though.

[sparks19]

I would call the company the realator works for, you could also threaten calling the board of realators on him.

If they cash the check where does it go? Does it go into a title company? If so call them.


OOOH good idea. I believe the check goes to the sellers but I will have to check on that. But I am going to call Brian right now to see if he spoke with our realtor yet and see what she said. and I am going to tell him about the board of realtors if she hasn't already suggested it.

[caseysmom]

I wouldn't think the sellers would get the money, they should get no money until escrow closes, was the check made out to the seller?

You defenitely had a right to back out of the contract and they have no right to that money, if you have to file in small claims court.

[sparks19]

I wouldn't think the sellers would get the money, they should get no money until escrow closes, was the check made out to the seller?

You defenitely had a right to back out of the contract and they have no right to that money, if you have to file in small claims court.

I have to ask hubby about that. I'm not sure who it was made out to. he wrote it and I didn't even think to ask lol. So I will have to ask him who it was made out to and who cashed it.

I told him about the board of realtors and he is going to mention it to our realtor for when she calls this guy.

If that doesn't work we will go the small claims court route.

[caseysmom]

When I was in college I moved out of a duplex and they didn't give me the cleaning deposit back, after they came over and said everything was clean. I called a local law school and they said if I didn't get the money within 2 weeks I was also entitled to damages, I filed the claim in small claims court asking for damages too, I got my deposit and a couple hundren in damages from the main office.

[sparks19]

When I was in college I moved out of a duplex and they didn't give me the cleaning deposit back, after they came over and said everything was clean. I called a local law school and they said if I didn't get the money within 2 weeks I was also entitled to damages, I filed the claim in small claims court asking for damages too, I got my deposit and a couple hundren in damages from the main office.

Ok great. that is good to know. Thank you :D

[smokey the elder]

The earnest money is supposed to go into escrow and not be touched until after closing, or returned to the buyer. Do you have an attorney? If not, get one; if so, use him/her.

[Freedom]

Phone call to the State's licensing board for real estate agents can give you LOTS of info FAST! What to do, time frames, who to contact, etc.

[lizbud]

The earnest money is supposed to go into escrow and not be touched until after closing, or returned to the buyer. Do you have an attorney? If not, get one; if so, use him/her.


I agree.

[kt_luvs_kitties]

I was going to say the same. Money goes into escrow. The check DOES get cashed, but it goes into the escrow account. The seller DOES not get it until closing (which is NOT going to happen). You will probably have to go and argue your case to the escrow office. (bank). Hope this helps.

[sparks19]

Well our realtor finally got a hold of him... he said that they wanted to research the laws about the septic and well system first and then discovered that we were right about it so we should get our check next week... if we don't we will be taking action against them.

But my question is... if this guy has been a realtor for as long as he claims... shouldn't he KNOW the rules for septic and well systems already? Surely he has had to deal with it at some point.

At this point I really worry that they are going to screw some unsuspecting first time buyer into buying without doing surveys or inspections. For some reason taht really bothers me.

[caseysmom]

I would still report him, you should have your check in your hand tomorrow, why next week? I think he is lying. I have heard that they never keep that money even if you back out just because.

[Logan]

I don't know much about how other parts of the country, but here in SC, the real estate agent (the ones representing the buyer and the seller) have Brokers in charge of their office and if this agent doesn't do what he said he is going to do, your agent needs to contact his Broker with a formal complaint. What a mess! I'm not surprised that the selling agent wouldn't know the exact laws. They just want the sale and depend on the legal process and the inspection process to find anything that isn't "right". I sure am glad you found out before you moved in. Good luck and I hope you can find the right house soon.

[sparks19]

I would still report him, you should have your check in your hand tomorrow, why next week? I think he is lying. I have heard that they never keep that money even if you back out just because.

Yeah we are still planning on reporting him. if they wanted to look into it first he could have at LEAST returned our agents phone calls and said so... not just ignore us. I would have been mad that they were being so fickle about it but at least we wouldn't just be sitting here wondering.

[sparks19]

I don't know much about how other parts of the country, but here in SC, the real estate agent (the ones representing the buyer and the seller) have Brokers in charge of their office and if this agent doesn't do what he said he is going to do, your agent needs to contact his Broker with a formal complaint. What a mess! I'm not surprised that the selling agent wouldn't know the exact laws. They just want the sale and depend on the legal process and the inspection process to find anything that isn't "right". I sure am glad you found out before you moved in. Good luck and I hope you can find the right house soon.

I guess I just assumed since this guy has supposedly been in realestate for many years that this would have happened at last once before lol. But yes we are glad we found all this out before hand... now I feel bad for the next "sucker" that comes along... if they are first time house buyers they might not think to do inspections and stuff. That shouldnt' really bother me but it does lol.

We actually have already found our new house. Our friends are moving and we love their house... they are moving back to NY. And we are going to buy their house from them. So if everything goes as planned we should be in there by April (of course this all depends on her husband finding a job in syracuse so it could be a little later but we don't mind... we don't have a deadline lol)

[lizbud]

I guess I just assumed since this guy has supposedly been in realestate for many years that this would have happened at last once before lol. But yes we are glad we found all this out before hand... now I feel bad for the next "sucker" that comes along... if they are first time house buyers they might not think to do inspections and stuff. That shouldnt' really bother me but it does lol.




So did you guys get your money back yet?

I'm glad you already have another place in mind. :)

[sparks19]

So did you guys get your money back yet?

I'm glad you already have another place in mind. :)


No not yet... they said by the middle of next week at the latest... I will give them that time but after that... we will take legal action. It has been too long. if we get the money by the middle of next week then we probably won't bother. We shouldn't even be giving them this amount of time but I just want the money back and not have to deal with the rest.

I just wish there was some way we could force them to put into the disclosure that they have had termite issues and septic issues.

Would small claims court FORCE them to do this?

I really don't want some unsuspecting person to get taken by these people who are TOTALLY dishonest.

[Catty1]

Is there a Real Estate Board or some governing body in your state? There oughta be. :)

They are the people to report this creep to.