Any Real Estate Attorneys around?

[incidentally]

I've a few questions.

Relative signed a contract for a house. Owner had been deceased for two years and owed back taxes. Relative had to wait 10 days to see if any other offers came in. None did, her earnest check was cashed and papers were being drawn up by the attorney.

Attorney submitted the wrong address, ends up being an address next door to the home my relative wants to buy which is far larger and more expensive then she can afford or needs. Now this relative is told she has to wait another 10 days to see if another offer comes in before they can redo the contract.

BTW, it is my understanding, the judge handling the case..or rather the appointed guardian of the estate (appointed by the courts) signed off on it already.

Does any of this sound reasonable?

tally

[incidentally]

Where's Jay. He is great at searching stuff like this out.

[Carol25]

I've a few questions.

Relative signed a contract for a house. Owner had been deceased for two years and owed back taxes. Relative had to wait 10 days to see if any other offers came in. None did, her earnest check was cashed and papers were being drawn up by the attorney.

Attorney submitted the wrong address, ends up being an address next door to the home my relative wants to buy which is far larger and more expensive then she can afford or needs. Now this relative is told she has to wait another 10 days to see if another offer comes in before they can redo the contract.

BTW, it is my understanding, the judge handling the case..or rather the appointed guardian of the estate (appointed by the courts) signed off on it already.

Does any of this sound reasonable?

tally

It seems to me that the 10 day requirement was already met on the true house in question. Didn't it have a sign or a real estate person trying to sell the house?

Was there any dispute that the house had the correct address when it was on the market? I think the 10 day requirement should not be made again. But then again, who am I? JMO

[incidentally]

It seems to me that the 10 day requirement was already met on the true house in question. Didn't it have a sign or a real estate person trying to sell the house?

Was there any dispute that the house had the correct address when it was on the market? I think the 10 day requirement should not be made again. But then again, who am I? JMO

I've no idea. My relative is beside herself. Something just doesn't seem right here but I have no idea how to help her and she can't afford an attorney to work through this mess.

:sad:

[desmom]

I've a few questions.

Relative signed a contract for a house. Owner had been deceased for two years and owed back taxes. Relative had to wait 10 days to see if any other offers came in. None did, her earnest check was cashed and papers were being drawn up by the attorney.

Attorney submitted the wrong address, ends up being an address next door to the home my relative wants to buy which is far larger and more expensive then she can afford or needs. Now this relative is told she has to wait another 10 days to see if another offer comes in before they can redo the contract.

BTW, it is my understanding, the judge handling the case..or rather the appointed guardian of the estate (appointed by the courts) signed off on it already.

Does any of this sound reasonable?

tally

my bolding...I am not an attorney, but want to ask...

Were the papers with the wrong address the papers submitted with relative's earnest money? Or were the papers something regarding title transfer after her offer was accepted?

TIA

[incidentally]

my bolding...I am not an attorney, but want to ask...

Were the papers with the wrong address the papers submitted with relative's earnest money? Or were the papers something regarding title transfer after her offer was accepted?

TIA
Hi desmon,

As I understand it, the papers submitted were with the wrong address after the relatives earnest money was deposited. Not title transfer.

[Snoopy50]

Hi desmon,

As I understand it, the papers submitted were with the wrong address after the relatives earnest money was deposited. Not title transfer.
PM me, I may have a solution, but need some more info.

[Jay]

Attorney submitted the wrong address, ends up being an address next door to the home my relative wants to buy which is far larger and more expensive then she can afford or needs. Now this relative is told she has to wait another 10 days to see if another offer comes in before they can redo the contract.

Does any of this sound reasonable?

tally


It simply sounds like a post sale protection for both parties, after all, there was an error for the sale of a home, substantial real estate.

Wait until the time limit is up and see what happens, as any attempt to have an attorney file any papers to complain would not be heard for that long anyway, probably.

[incidentally]

It simply sounds like a post sale protection for both parties, after all, there was an error for the sale of a home, substantial real estate.

Wait until the time limit is up and see what happens, as any attempt to have an attorney file any papers to complain would not be heard for that long anyway, probably.


But why would a court appointed attorney, for the estate, make such a huge error. If someone else bids higher on the house, will she get her earnest money back? She was suppose to have an appraiser and inspector come out on tuesday but she was told no one can go on to the property before another 10 days go by.

[Jay]

But why would a court appointed attorney, for the estate, make such a huge error. If someone else bids higher on the house, will she get her earnest money back? She was suppose to have an appraiser and inspector come out on tuesday but she was told no one can go on to the property before another 10 days go by.


The attorney just was not paying attention and may need to be sanctioned by the court, that is a huge mistake. Such should be double checked before filing it.

Her money is safe though, no question.

[incidentally]

The attorney just was not paying attention and may need to be sanctioned by the court, that is a huge mistake. Such should be double checked before filing it.

Her money is safe though, no question.

Thank you Jay. You always come to the rescue.

tally

[Jay]

Thank you Jay. You always come to the rescue.

tally


You are welcome!

[incidentally]

1) What state is relative in? There s/b a real estate commission that she can call for guidelines and regulations. They will investigate any complaint.

North Carolina

2) If relative signed a contract, she signed it with the address and legal description filled in. Any legal contract should include a descprition of the land. Did she sign a contract w/out noticing the addy was wrong?

contract has the correct address

3) No one may give legal advice unless an atty. They need to have all material facts b/f they can make any type of educated guess as to the situation. There are not enough details posted for anyone to give you advice IMO

I didn't ask for legal advice, I asked if what little information I had sounded reasonable. My OP title might have been confusing.

4) If there is any dispute btwn buyer and seller or buyer and broker, the earnest money is usually deposited in an escrow account or held w/clerk of court.

Judge signed off on relatives offer and the attorney assigned to the estate, by the state (deceased owner had no will), went and filed the necessary papers provided by said judge. When filing those papers, the estate attorney submitted the contract, which had the correct address but the other papers had the address to the house next door (house owned by deceased man's parents)

5) Tax liens but be resovled before a property can close. Sounds like this info was disclosed at time of contractr

Yes, this was disclosed which is why there was a ten day wait, to see if other offers came in. They did not. Now she is being told since the papers submitted by the court appointed attorney did not match the address on the contract, the house must again go through a ten day wait period


Red answers by tally.

[Jay]

I hope this is not legal advice.

Are you an attorney? I surmise the answer will be yes, to save face, if it is not, you are as "guilty" as you claim I am, for giving your response.

[incidentally]

I hope this is not legal advice.


There is not enough info to even hazard a guess what is going on.

Earnest money is just that. What did the relative think would happen to the check?

Misprinting an address does not equat sanctions. Does the atty even have the authority to offer the property next door? Why did court have to approve an offer to purchase and contract? The court can't approve an offer to purchase that is not in their jurisdiction i.e the property next door not for sale - DUH. Any offer for sale includes should a legal description of the land and its recorded information with the county. This would overide a typo on address.


something very wrong with the story. I'd report to state authorities STAT if what op posts is truth.

No disrespect meant, but I would appreciate it if you could find it in you to be more respectful not only to Jay but to me. If you feel I am not being truthful or Jay has given mis-information then you have the choice to move on to another thread.

Regards,

Tally

[Jay]

No disrespect meant, but I would appreciate it if you could find it in you to be more respectful not only to Jay but to me. If you feel I am not being truthful or Jay has given mis-information then you have the choice to move on to another thread.

Regards,

Tally

You see, even if the poster is an attorney, which I doubt, he or she posted thier "advice" even before knowing what state it was? Hmm!

[incidentally]

tally

Sorry I misunderstood the intent of your subject line "Any
real estate attys around?"

I hope you will call the NCREC and ask them some questions. They are strong advocates for the public and monitor their registered agents.

The escrow funds are regulated as well. A check can't just be held. It must be deposited and accounted for. I am sure your relative wouldn't have written a check unless she intended for it to be cashed. She will get her money back pursuant to the contract terms she agreed to.

Good Luck!

I figured that's where I tripped you up and I apologize for that. I should have worded the title differently.

Thanks.

tally

[Jay]

Heck no.

Then if the title of the thread asked for Attorney's you should have said you were NOT to start out, right? Incidentally knows I am not an attorney.


My advice said to seek the help of legal prossionals and the NCREC. There are guidelines that must be adhered to in real estate transactions. Sorry you didn't like it.

Never said I did not like it, you started about the advice bit.

[incidentally]

I've been dealing with Jay on and off since joining here. He will take hours and hours to dig for information, he's very good at it..I am not.

Thanks to both of you for your opinions. This whole thing just doesn't sound right. My relative has a real estate agent and the house was listed with an agent, so I just don't understand how things became so complicated.

[incidentally]

I don't really care what happens to your "relative's" earnest money. I don't realloy care if you ask for real estate atty advice on an internet message crime board and then claim you didn't. I don't really care if your story is a load of sheet. If you don't want advice, don't ask for it.

Just because you don't want to actually know how to protect yourself or seek competent resources for your nagging questions, don't blame me.

If you'd rather pm some mysterynetnic than contact the NCREC, that is your right. Some prefer to play damsel in distress for free. I'll take I'll be damned if your taking advantage of me for $1,000, Pat.

Uhm, okay. :blink:

Have a nice day.

[Carol25]

I don't really care what happens to your "relative's" earnest money. I don't realloy care if you ask for real estate atty advice on an internet message crime board and then claim you didn't. I don't really care if your story is a load of sheet. If you don't want advice, don't ask for it.

Just because you don't want to actually know how to protect yourself or seek competent resources for your nagging questions, don't blame me.

If you'd rather pm some mysterynetnic than contact the NCREC, that is your right. Some prefer to play damsel in distress for free. I'll take I'll be damned if your taking advantage of me for $1,000, Pat.
I'm just a bystander here, checking out all the boards, but that was a little over the top, wouldn't you say?

I certainly think that I have seen Tally's posts and never seen her portrayed as a damsel distress or anything of the sort. She is a valued poster and wouldn't think of talking the way you did.

It's fine to be offended, but please step back and see that she thanked both Jay and you for your advice. I have no idea what the $1000 is about, but I'm glad you stopped there. It was getting crazy. JMO

[incidentally]

Definitely feels like something wrong, doesn't it? Why should the buyer be penalized and possibly lose the house due to an error on the seller's part (thru the court appointed attorney). Essentially they are putting the house back out on the open market for 10 days rather than just correcting the simple error. I was a real estate agent for 25 yrs. (GA) - and an error in address is a pretty common and simple thing to deal with: no need to put the house back on the market.
I smell a rat. Like the attorney or a relative of the deceased knows someone who wants to buy the house and can instruct them to put in an offer in for more than your relative's contract. Her money is safe - she would get it back: it just sounds like someone else wants the house.
OR your relative is confused about what the current 10- days is for - it could just be to get the correct paperwork signed off on by all parties (courts and her mtg company?)and not to try to get better offers for the estate. Is her agent a "buyer's agent" or is she/he a sub-agent for the seller? Sounds like incompetant agents - or people who do not have the buyers best interests at heart.

Sometimes you just can't afford NOT to afford an attorney.

Your rights: use 'em or lose 'em.

Thanks penny,

I think she is in overwhelm right now but I have forwarded/told her the information given here. I feel sorry for her because this would be her very first house after 53 years of renting. She was so excited.

[Jay]

Definitely feels like something wrong, doesn't it? Why should the buyer be penalized and possibly lose the house due to an error on the seller's part (thru the court appointed attorney). Essentially they are putting the house back out on the open market for 10 days rather than just correcting the simple error. I was a real estate agent for 25 yrs. (GA) - and an error in address is a pretty common and simple thing to deal with: no need to put the house back on the market.


Thank you, being a RE agent for that long, I would listen to you as I would an attorney.

I smell a rat.

That was my thought I conveyed to incidentally, but it seems "too obvious" to get away with, ya think?

[Jay]

Penny, we just don't know, but when there is a collusion or criminal conspiracy, it makes it easier to defraud, true!

[Jay]

I am sure there is language in the contract (which was apparently written correctly) that states what happens if there is an error or a delay. But she has to act immediately!



I had thought this too originally, some type of a basic "escape clause", if you will, but incidentally did not say the person said anything about one?

She should check and see.

[incidentally]

I had thought this too originally, some type of a basic "escape clause", if you will, but incidentally did not say the person said anything about one?

She should check and see.

She's getting me the information and will call me back. She is also calling her agent to get the name of the attorney. I'm curious about her.

[incidentally]

AGents cannot give legal advice. Contracts are to spell out conditions, expiration dates, earnest money placement, etc. If you want to help her, here is a link to get you started

http://www.ncrec.state.nc.us/publications-bulletins/publications.html

Thanks. Her agent is calling them tomorrow. I'll let, those who care, know more as soon as I do.

I sent Jay the listing information and there is a bit of curiosity there.

[incidentally]

Why not suggest calling her agent's Broker today?
Ya never know - she or he could have no idea about all this confusion and complication - and may be able to straighten it out forthwith. And the Broker should be informed of what is going on anyway: the company's license is in his/her hands.

She's doing that. Hasn't heard back yet. I thought I posted that but maybe I just thought it in my head or may have sent it to you in a pm?

[Ice Cycle]

She's doing that. Hasn't heard back yet. I thought I posted that but maybe I just thought it in my head or may have sent it to you in a pm?

Hi,
Was a Realtor for many years and in the Mortgage Co and she is right the first thing to do if no satisfaction from the Realtor then would be to call her or his Broker. That is if their is a Agent or Realtor involved as they and their Broker does have a vested interest in the contract if wrote by a agent/Realtor. If it does not she could try contacting the Board of Realtors in her state or R.E. commission (If this is due to a error wrote in the contract). Realtor's are with companies that belong to the Board of Realtors and Real Estate Agents brokers are usually not. Both are usually called the same. If the contract was wrote by the Attorney (which most states do not allow, only Realtors/ R.E. agents and for sale by owners) then she could contact her State Attorney Association as both Realtors and Attorney's have ENO (Errors Insurance) and this includes if the contract whoever wrote it was right but the Attorney just put the wrong address on the closing documents. If this is a Estate property or REO or f
Foreclosure some do require so many days to gain offers and anyone has the write to put that in the listing.
Hope this helps.

[incidentally]

Hi,
Was a Realtor for many years and in the Mortgage Co and she is right the first thing to do if no satisfaction from the Realtor then would be to call her or his Broker. That is if their is a Agent or Realtor involved as they and their Broker does have a vested interest in the contract if wrote by a agent/Realtor. If it does not she could try contacting the Board of Realtors in her state or R.E. commission (If this is due to a error wrote in the contract). Realtor's are with companies that belong to the Board of Realtors and Real Estate Agents brokers are usually not. Both are usually called the same. If the contract was wrote by the Attorney (which most states do not allow, only Realtors/ R.E. agents and for sale by owners) then she could contact her State Attorney Association as both Realtors and Attorney's have ENO (Errors Insurance) and this includes if the contract whoever wrote it was right but the Attorney just put the wrong address on the closing documents. If this is a Estate property or REO or f
Foreclosure some do require so many days to gain offers and anyone has the write to put that in the listing.
Hope this helps.

Thank you very much, Ice Cycle.

[Cornblossom]

I don't really care what happens to your "relative's" earnest money. I don't realloy care if you ask for real estate atty advice on an internet message crime board and then claim you didn't. I don't really care if your story is a load of sheet. If you don't want advice, don't ask for it.

Just because you don't want to actually know how to protect yourself or seek competent resources for your nagging questions, don't blame me.

If you'd rather pm some mysterynetnic than contact the NCREC, that is your right. Some prefer to play damsel in distress for free. I'll take I'll be damned if your taking advantage of me for $1,000, Pat.Just to clarify....that would be..."I'll take I'll be damned if your taking advantage of me for $1,000, Alex."
Pat is Wheel of fortune.......Alex Trebek is Jeopardy.

[Jay]

Wonder why that poster was so angry about someone asking a question?
Can't wait to hear what the response is from the Broker and from the NCREC. I sure hope the errror is simply corrected and they can move on to this buyer getting her house without any further complications!


Your response was better than mine Penny, as I did not think mine quite through, but regardless, if I am disagreed with or corrected, fine, but they can be polite about it, not talking about you now!

[incidentally]

Hi guys,

Relative was speaking to broker this morning and she said the attorney the was appointed by the judge. She said she will also file an inquiry with the NCREC so it's on file but not a complaint at this time.

She is at work now so I probably won't hear more until later.

Tally

[incidentally]

You're right Penny. The helpful posts on this thread lit a fire under my relatives hiney.

I don't know why I was smacked down like I was by the one poster but it's okay.

I would have posted the thread on this board but it was closed and so all I had was the weekend board which ended up being a good thing.

Thanks everyone.

[incidentally]

Apparently the correct house wasn't posted the FIRST time. Two different attorneys were handling it (from the same office) and one wrote up the information, the other did not double check it and so they posted the wrong house. The error occurred because deceased mail had been forwarded to parent's house and that ended up being the address listed. THAT is why it has to go up for "another" 10 days.

She said the two real estate agents are going to split any additional fees as a result of the error and she will move in the house the same day she originally planned. Parents of deceased want her to have the house and apparently raised Cain when they found out about the mistake.

Attorney's, agents and broker feel strongly another bid will not be forthcoming especially since the parent's house is twice as big and was posted for half of what it's appraisal value is.

[incidentally]

I think sloppy is a good word to use.

Just to clarify, the Multiple listing was right BUT the posting that has to be tacked up (on a cork bulletin board) at the town hall was wrong. Since the multiple listing hasn't generated inquiries they feel confident all will go well.