Buying A Home
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Our buyer is bullying us

Hello ladies.  I hope no one has ever experienced this but maybe someone knows how to stop this or what recourse we have.  I do have a call into a real estate lawyer.

We got an offer on our house in the last week of June.  Ended up agreeing to pay all closing costs and suffering a significant loss so we can get out of our house and into a new one.  We moved along and sent all our documents into the title company.  We even let them do an inspection on July 5th when we were on vacation and our close date was supposed to be 7/27.  Started packing and moving because we were going to put most everything in storage and move to a smaller place until our new house is built.

Then, our buyer suddenly went missing.  Not returning calls and didn't finish turning in all his mortgage docs.  Finally, he resurfaced and told his realtor that he was in the hospital with stomach cancer.  We had already moved most of our stuff since we were two weeks away from closing.  We said we were sorry to hear about his illness and asked what he wants to do.  He came back and said he still wants the house.  Ok.  We do a new contract with a 8/29 closing date.  His realtor brought a notary to the hospital so he could sign the forms.  We offered to make the closing earlier, but he said he needed some time.  Last week, he came back and said he wanted us to make some repairs from the 7/5 inspection.  Our realtor said we are so far away from that option period that we wouldn't be able to do the repairs.  Buyer threatened to walk.  We relented since the repairs were still covered under warranties.  Sent the confirmation that all work was done this morning and set up our signing for 8/26.

This morning, he calls our realtor at 10 a.m. and says that he needs to get into our house with his interior decorator to take measurements.  He needs to come in today or tomorrow.  We told our realtor that's not possible considering the state of the house (we're moving this weekend) and that we are at work, but that he is welcome to come in on Monday (a week before closing).  He is now threatening (again) not to close on the house.  All the docs have been filed and we were asked by the title company to come in and sign as early as yesterday.  His realtor is trying to rein him in but he won't listen to her either.

Do we have any recourse?  I felt bad that he got sick and tried to be nice by working with him, but I am now a nervous wreck.  It seems that everytime we do something for him, it just emboldens him.  He has threatened that we need to do everything for him because "no judge in the land would rule against a guy with cancer".  I really just want this to be done.  :(

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Re: Our buyer is bullying us

  • Yeah, pretty sure he can't walk because you won't let his interior decorator in.  But, if he does try to, you'll have to spend the money suing him for non-performance. 
  • Wouldn't he forfeit his earnest money if he walks at this point?  I hate when people act like this so I wouldn't give in.  You gave him a very acceptable alternative and he should be able to work with that.

  • nsfwnsfw member

    He's being a jackass. Stand your ground. The long and short of it is he's contractually obligated to buy your house. A judge can and will rule against him if he's in breach of contract, cancer or no. None of his demands have anything to do with his illness. Confused

    He can't walk or break the contract at this point without losing a lot of money (including the interior decorator's down payment Wink )

    He's not actually going to break his contract because you won't let his interior decorator in on demand. There's no reason why this must be done before closing. He doesn't seem to realize it's not his house yet. You say who can come in and when. Heck, if you want to keep showing the place to backup buyers, there is nothing stopping you.

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  • As others have said, if he walks he will forfeit his earnest deposit as I'm sure there was no clause in the contract that would allow him to walk if he couldn't have access to the house whenever he wants, etc.  Hopefully his earnest deposit is substantial enough to him that it would make him reconsider this "threat" if he walked.
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  • Shouldn't he have a down payment in escrow?  And if so, he will be forfeiting that and you will be getting that if he walks.  If it was me, I would let him if that's what it comes down to.  He's trying to  play the bully, when really, you are the one with all the power in this situation.  
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  • Such are the pains of a buyer's market.  He is an ass but knows you want your house sold. 
  • Don't let him bully you.  He'll lose his earnest $$ at this point.  It's YOUR house he wants, he has to play by your rules.
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  • imageoneplusoneistwo:
    Shouldn't he have a down payment in escrow?  And if so, he will be forfeiting that and you will be getting that if he walks.  If it was me, I would let him if that's what it comes down to.  He's trying to  play the bully, when really, you are the one with all the power in this situation.  
    Not everywhere.  We didn't send our downpayment until the day of closing.
  • He sounds so difficult - sorry.  I don't really know, but my realtor did say that it's almost impossible to keep someone's earnest money without a lot of court fees on your part.  In her 25+ years of real estate she's seen some odd deals fall through and never once did a seller get the earnest money without court fees that were almost that amount. 

     

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  • imagePamela05:
    imageoneplusoneistwo:
    Shouldn't he have a down payment in escrow?  And if so, he will be forfeiting that and you will be getting that if he walks.  If it was me, I would let him if that's what it comes down to.  He's trying to  play the bully, when really, you are the one with all the power in this situation.  
    Not everywhere.  We didn't send our downpayment until the day of closing.

    Same here.  Down payment payed at closing.  If we had walked, all we would have been out is our earnest money (and seeing some of the low EM quotes on this board, EM isn't always that "powerful" of a motivator.

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  • I don't believe that he can legally walk from the sale because his interior decorate couldn't come in.  You've worked with him long enough. 
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  • imageDownToEarthGirl:

    He sounds so difficult - sorry.  I don't really know, but my realtor did say that it's almost impossible to keep someone's earnest money without a lot of court fees on your part.  In her 25+ years of real estate she's seen some odd deals fall through and never once did a seller get the earnest money without court fees that were almost that amount. 

     

    Ditto.  I used to work for a Title company and when deals fell though we used to get both the buyer and the seller demanding that we give them the earnest money.    We always told them that they had to talk to a lawyer because we didn't have a license t o practice law and that is what they were asking us to do when they wanted us to interpret the contract.

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