My husband and I were in the final stages of purchasing a house when litterly 4 days before closing we were notifyed that the lender backed out last minuet. The same day I was notifyed of this I get a voice mail from my realitor saying "you don't desurve a home loan..." I had been asking him for the sellers disclosur for the last 3 weeks so that I can look it over and send it to the insurance co. for proof the roof is less than 5 yrs old, but I digress. I informed both my agent and the seller's agent that I will not be releasing the escrove money to the seller because I had never recieved the sellers disclosur and as per the contract I was to recieve that within one day of the date of the contract. Now Randall Davenport, my agent, gave my personal email address to the seller's agent and she is sending me emails telling me that they are going to sue because we defaulted on the contract. Randall is not returning my phone calls or my emails and the sellers agent isn't telling me atleast the date she faxed that to him. What can I do? I feel as though they both are trying to take advantage of us.

Please help
About to be homeless in Texas :confused

You're best to do two things -- both of them at the same time:
1. Talk to your lawyer (because surely you've hired one to handle the closing, haven't you?) and follow his advice.
2. Talk to your agent's broker and get him to talk to the seller's agent's broker. Tell them you've been mis-served, which you certainly have been if there's a financing fallout at the 11th hour. Why, for instance, didn't your offer include a condition covering this, which any self respecting agent would have made sure existed?
(And, if I may make so bold, next time get a Buyer Agent to look after you instead of the sub-agent [i.e. serving the seller's best interests, not yours] that Randall Davenport appears to be.)

Duncan

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Real Estate in Canada's Niagara Peninsula

Was your contract contingent on financing? If it was, you are not in default and should get your deposit back.

Here are some options

1) Report your realtor to the state board of real estate for disciplinary action.
2) Take your realtor and his brokerage to court for breaking the broker/client relationship and abusing it.
3) See their bluff because most realtor contracts come with a financing clause and you are right about the seller disclosure.

I don't know how the laws are different in Texas, but that is how I would handle it in Chicago.

thank you all for your advice. i have jsut gotten several calls from Randall and he sent me a fax trying to prove he sent the discloure to me to begain with, but there are several dates on that, the cover page he sd he organilly sent if from another fax he sent me around the 5th of may and he only "re sent" 2 of the 6 pages. and he sd i intinaled it but he somehow forgot to resend the page with my initals on it bc this one dont' have them. I am filing a formal complaint against both of them with TREC and also with GDAR.....When I notifyed them of my intents to do so randall left me a message telling me he has a d@#n good real estate lawyer. This time I kept my wits about me and didn't erase his last few messages....
and can anyone refer a good lawyer for me to use?
thank you all again for your help

Biting my tongue on this one guys... what a mess for you TEYINAREED.

Smart of you saving the messages and all your original paperwork. etc. write out anything you can think of and timelines too!

I just PM'd you so I upset anyone thinking I'm doing too much self promotion
sward

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Artist Directory for Blue Ridge mountains

Mountain land

North Georgia Real Estate

look for a new lender san diego aames home loan

The Reality of this situation is that these buyers gave misinformation to the lender which caused a denial in their loan. They also bounced a check for the EARNEST MOMEY and the inspection. The husband was no longer actively working and was on disability/workmans comp. Sometimes I think that you can only try and help someone so much but when they do not help themselves.. what can you do.

This was posted almost 3 years ago.

I would assume that in 3 years, that the original poster has come to some sort of resolution regarding the situation.

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Jennifer Karlen & Jon Karlen
Kentucky Horse Farms - Louisville Kentucky Real Estate - Lexington Kentucky Real Estate
Serving the Louisville KY metropolitan area including Jefferson County - Prospect Shelby County - Shelbyville Oldham County - Goshen, La Grange and the Lexington KY metropolitan area including Fayette County - Lexington Woodford County - Versailles Scott County - Georgetown Jessamine County - Nicholasville