SanFrancisco版 - Can Seller hold my escrow deposit for this case? Listed fo |
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j*****4
发帖数: 40 | 1 I submitted an offer to buy this house on 07/13:
http://www.redfin.com/CA/Fremont/42255-Palm-Ave-94539/home/2004
With 14-days inspection contingency and 17-days loan contingency
The seller's agent told me on the open house that the house was totally
rebuit
in 1989 and the mls listings, redfin, zillow etc all showed that the house
was listed as 1989.
A few days after I submitted the offer, I found that the public record
showed that the house was built in 1922, which is 67 years earlier and it's
almost a historical house now. So on the 10-th day, without doing any
inspection, I submitted a cancellation letter. The reason is that the “
listing information is not consistent with county and city record”.
Now, the seller’s agent started to lie. She said that she had told me that
it was built in 1922 and they only did remodel in 1989. She wanted to hold
my escrow deposit? I am wondering whether she can do it? I have not cleared
any contingency yet.
This is her email to my agent.
========================
My clients are not too happy. Actually they want me to talk to my broker
about not returning the deposit. From day one I have told the same story.
That the front of the house was built in 1922 and in 1989 they gutted it out
to the studs and rebuilt it. That story has not changed. Your client heard
that story probably three times from me since he was at both the Sat and Sun
open house. And he asked me a million questions both those days. I made it
very clear to him that the original house was built in 1922. The only thing
I did not say was the that they remodeled in 1960. But that was a mute point
since they gutted all of that out also. So for your client to say to me
that they "feel cheated" is a very untrue statement. There was no mistaken
what I told them about 1922. I never said the property was demoed in 1989. I
said they went down to the studs. Which would lead one to believe that the
foundation and studs were still there.
I will let you know what my broker says to me tomorrow. And you can share
this with your client.
This is my reply.
=============
She is lying. She clearly said that:
(1) When the current owner bought the house in 1989, it was a 900 sqft
cottage. They removed it and expanded it to a 4800 sqft house.
(2) She clearly said that the front and midde part was built in 1989 and the
back part was built in 1991.
(3) She never mentioned to me anything regarding 1960.
(4 Everywhere on the Internet, including MLS listings, redfin, zillow,
realtor.com etc, all showed that the housewas built in 1989. I have
dowloaded/printed all these webpages for proof.
I hope it could be a smooth transaction as I and my dad really like this
house. It was a pity that it finally came out like this. However, if she
dares to hold any of my penny, the first thing I will do is to report her to
California Association of Realtors, California Department of Real Estate,
and BBB. Let them to decide that who is lying.
This is my agent’s reply.
====================
I think you are well protected on this contract. The listing itself says 23
years old home. | s*********3
发帖数: 2890 | 2 You should be able to use Buyer investigation contingency to cancel the
contract and get FULL deposit back. There are several points here:
1. MLS is only a marketing fly / ad and no legal power and responsibility.
2. By now, did you get all seller disclosure papers yet? Which year the
house was built seller stated in any one of these reports? That is the legal
document and shall over ride the MLS information.
3. Listing agent told you in open house whether it was built in 1922 or 1989
? This is still no legal power, UNLESS there is another separate CAR form /
addendum to amend that.
4. Even listing agent / seller told you it was built in 1922 and remodel in
1989 on the first day, you still can quit because Buyer investigation
contingency is not ended yet.
5. Lastly, for Buyer investigation contingency, you no need to give seller
ANY reason. You can just simple say: " I changed the mind. I don't like this
house. I want to quit." That's it.
Be relax!
house
s
【在 j*****4 的大作中提到】
: I submitted an offer to buy this house on 07/13:
: http://www.redfin.com/CA/Fremont/42255-Palm-Ave-94539/home/2004
: With 14-days inspection contingency and 17-days loan contingency
: The seller's agent told me on the open house that the house was totally
: rebuit
: in 1989 and the mls listings, redfin, zillow etc all showed that the house
: was listed as 1989.
: A few days after I submitted the offer, I found that the public record
: showed that the house was built in 1922, which is 67 years earlier and it's
: almost a historical house now. So on the 10-th day, without doing any
| g**c
发帖数: 2339 | 3 半年都卖不出去，终于碰上一个冤大头能不死缠住？看来卖主要跟你死磕，你是别想轻
松逃脱了。
不过都能买得起这么贵房子的，也不在乎那点deposit吧。 | j*****4
发帖数: 40 | 4 Thanks a lot for your info. It's really appreciated. By the way, The
disclosure and county record showed that it is 1922.
legal
1989
in
【在 s*********3 的大作中提到】
: You should be able to use Buyer investigation contingency to cancel the
: contract and get FULL deposit back. There are several points here:
: 1. MLS is only a marketing fly / ad and no legal power and responsibility.
: 2. By now, did you get all seller disclosure papers yet? Which year the
: house was built seller stated in any one of these reports? That is the legal
: document and shall over ride the MLS information.
: 3. Listing agent told you in open house whether it was built in 1922 or 1989
: ? This is still no legal power, UNLESS there is another separate CAR form /
: addendum to amend that.
: 4. Even listing agent / seller told you it was built in 1922 and remodel in
| J**9
发帖数: 835 | | p***e
发帖数: 1318 | 6 WK. MSJ也白菜价了？5000 sqft, $300/ft? 不过Fremont的坏处是高端房子不多，有
钱的人不去。 到南湾也不太方便。值不值不说，这个房子看着很ugly。 外面bulky,
里面基本上搞得是多套群居，适合中国穷人，老印老莫，一边自己住，一边赚钱的理念。
在中国agent眼里，这是小黑屋变成了大黑屋，是极品deal.
Jun 28, 2012 Price Changed $1,588,000
Jun 28, 2012 Relisted (Back On Market)
Jun 28, 2012 Price Changed $1,588,000
Jun 28, 2012 Relisted (Back On Market)
Jun 18, 2012 Delisted
Jun 18, 2012 Delisted
Mar 29, 2012 Price Changed $1,699,000
Mar 29, 2012 Price Changed $1,699,000
Feb 29, 2012 Listed (New) $1,950,000
Feb 25, 2012 Listed (New) $1,950,000
house
s
【在 j*****4 的大作中提到】
: I submitted an offer to buy this house on 07/13:
: http://www.redfin.com/CA/Fremont/42255-Palm-Ave-94539/home/2004
: With 14-days inspection contingency and 17-days loan contingency
: The seller's agent told me on the open house that the house was totally
: rebuit
: in 1989 and the mls listings, redfin, zillow etc all showed that the house
: was listed as 1989.
: A few days after I submitted the offer, I found that the public record
: showed that the house was built in 1922, which is 67 years earlier and it's
: almost a historical house now. So on the 10-th day, without doing any
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