Sunday, August 22, 2010

In need of legal advice for Real Estate?

My husband and I are first time home shoppers, we were in the process of buying our first home, but the real estate agent and loan officer could not get us to close on time. At our second addendum/extension the Real Estate bank request to continue the extension only if we release the $1000 Ernest money to them鈥?br>




At that time everything was on track our loan officer and real estate agent gave us the assurance and the impression everything is going to be OK we just needed more time. So my husband and I felt like we were taken care of, they told us we were qualified and met all the requirements. So we sign the addendum鈥?br>




It turns out we were not qualified and lost the deal. Supposedly, the week after Memorial day (05/25/09) FHA raised their credit requirements from 580 to 620. We met the 580+ but unfortunately our credit did meet with the New 620 even though we have been trying to close the house since March 31, 2009.





We put in 4 months $1700 and all I got was a Sorry鈥e are asking for some legal assistance. Is there any way we can fight for our Earnest Money back.In need of legal advice for Real Estate?
I would sue them in small claims court. It's relatively quick, easy and cheap since you aren't allowed to hire a lawyer in small claims.





You basically show up in court and you both stand in front of the judge and give your story and they give theirs.








Whole thing will cost about $10 to $75In need of legal advice for Real Estate?
Consult w/a R.E. Attorney for a couple of hours and let him prepare your Small Claims Court case, though he can't be there he surely can prepare you for it!! He should be able to decipher your contracts and ';Timeline'; to make sure you were properly represented.
My heart is on you and your husband.





If you did not sign any contract that says that you cannot get any money back then you can sue the realtor. The realtor is like your attorney that should represent you (if this is your realtor and not the seller's)





If you have the copy of the addendum, read it line per line and find out if it is really needed.





Sometimes, once you give out some money, it will say in the receipt that you cannot get any refund if you signed a paper that says that.





Note: It is better to buy a house from a builder, for a first time buyer the builder always give some discount or some incentives because you will not have a realtor to represent you.





I think you have a case if you will sue, especially if you have all the documents, proof of anykind in your hands especially you did not back down. Your realtor is the one to blame and you can also report that realtor for not correctly representing you - www.dre.gov.com or something like that. (DRE means department of real estate)

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