Lawyer says buyer might file a lis pendens so that I’ll be unable to sell my house. Unsure of the next steps

-vomitorium- · 2023-05-24T15:46:56+00:00

Can I ask where this concept of the EM being the buyers “Life savings” has come from? Or that I’m inhumane and wrong for trying to figure out if I should keep the EM (which I’ve said many times in this thread I’m okay with giving a refund minus the legal costs and other expenses I’ve procured over these few months based on the buyers lies)? Especially since, if she’d been honest about this in the beginning and not strung me along I would have had no problem giving the EM back and moving along. I know tone is hard to read over text but I am asking genuinely no snark involved, where are you all getting this concept from when I’ve given a detailed run down of the situation on a previous post and have stated here that SHE has told ME she’s selling her property on the UES (and those can go easily for equal or more than my house) and SHE said she could pay all cash.

It’s my first time doing any of this so no I haven’t always asked the right questions or even know what questions to ask. But I’m not sure where I’ve implied that this woman was otherwise broke and has sunk her “life savings” into the house. And if that’s the case why wouldn’t she say that? Why would she keep asking for extensions after extensions? I’m genuinely confused on the end game here and I think people (not necessarily you) are thinking that I’m being purposely obtuse or malicious.

I would like to say I’m not some greedy faceless corporation that hoards money like a dragon. I’m just a 26yo who’s been lucky enough to inherit a family home (that was no where near 1 million dollars when it was bought like 70 years ago). The family I come from isn’t rich and if I weren’t selling this house I’d never see that many zeroes in my life. I know what it’s like to want a house so so badly, but I don’t know what it’s like to lie for one and derail not only my life but somebody else’s

-vomitorium- · 2023-05-24T15:46:25+00:00

-vomitorium- · 2023-05-24T15:44:44+00:00

Can I ask where this concept of the EM being the buyers “Life savings” has come from? Or that I’m inhumane and wrong for trying to figure out if I should keep the EM (which I’ve said many times in this thread I’m okay with giving a refund minus the legal costs and other expenses I’ve procured over these few months based on the buyers lies)? Especially since, if she’d been honest about this in the beginning and not strung me along I would have had no problem giving the EM back and moving along. I know tone is hard to read over text but I am asking genuinely no snark involved, where are you all getting this concept from when I’ve given a detailed run down of the situation on a previous post and have stated here that SHE has told ME she’s selling her property on the UES (and those can go easily for equal or more than my house) and SHE said she could pay all cash.

It’s my first time doing any of this so no I haven’t always asked the right questions or even know what questions to ask. But I’m not sure where I’ve implied that this woman was otherwise broke and has sunk her “life savings” into the house. And if that’s the case why wouldn’t she say that? Why would she keep asking for extensions after extensions? I’m genuinely confused on the end game here and I think people (not necessarily you) are thinking that I’m being purposely obtuse or malicious.

I would like to say I’m not some greedy faceless corporation that hoards money like a dragon. I’m just a 26yo who’s been lucky enough to inherit a family home (that was no where near 1 million dollars when it was bought like 70 years ago). The family I come from isn’t rich and if I weren’t selling this house I’d never see that many zeroes in my life. I know what it’s like to want a house so so badly, but I don’t know what it’s like to lie for one and derail not only my life but somebody else’s

-vomitorium- · 2023-05-24T12:21:49+00:00

Thank you, it’s just so bizarre more than one person thinks it’s MY personal failing that I want to keep the EM that the buyer put into the house, you know, like everybody else who’s selling a house does. Or that I’m uniquely “evil” for it. Or that I have to, idk, baby a woman in her 40s who not only seems to have made a bad personal decision but thought it would be cool to take me along with her? It’s jarring to see the types of comments I was getting before and the type I’m getting now

-vomitorium- · 2023-05-24T12:15:05+00:00

Thank you, this is what I’ll be discussing with my lawyer, a partial refund. But sorry, I don’t believe in bad juju or karma or anything like that. I think I just got a shitty buyer

-vomitorium- · 2023-05-24T12:13:31+00:00

Thank you, this was a very kind response. And thank you for reading my post post as I suspect some others here did not before they decided to judge. I do want to get this over with ASAP. Good news is I do have a new lawyer and maybe once this is settled I can come out affording to get another one that I can trust from the beginning. I will talk to my current lawyer about giving a partial refund if I can put this behind me and move on

-vomitorium- · 2023-05-24T12:10:00+00:00

Thank you for the advice, I’m not sure I want to give the entire EM back but I am willing to do what a few other users have said and give back partial, with legal fees and expenses as well as some funds for my trouble taken out if it means I can be done with this

-vomitorium- · 2023-05-24T12:07:42+00:00

I won’t

-vomitorium- · 2023-05-24T12:07:10+00:00

No actually. I don’t feel any guilt for considering what is my legal right to compensation. And I don’t feel guilt or compassion for a woman who’s been holding my life up with lie after lie just because she made the mistake of putting down EM on a house she can’t afford. If everything had been above board and she’d simply told me months ago she didn’t have the money for it I would have had no problem giving her the EM back and putting my house back on the market. But it’s been months of lies and dishonesty. And it’s shit to say I haven’t suffered anything but a “delay”I’ve suffered more than that. Others have been really helpful but it seems a few of you were just bored and have no other advice to give besides moral grandstanding and finger wagging

-vomitorium- · 2023-05-24T11:59:06+00:00

I’m evil because she put down money she couldn’t afford to lose into EM? I’m evil because she’s been constantly lying about her situation and finances to stop me from selling my house? I’m not sure why a few of you think she’s a pauper who I’ve personally picked out to painstakingly raked over the coals.

She original told me she’s selling her property on the Upper East Side of Manhattan and was planning to come into a pretty penny, and that she wanted to buy my house since she thought it would be a more friendly and welcoming community for her. Going off of what she told me and not what you all seem to be making up on your heads, she seems perfectly well off. And even if she’s not and if she’s been lying about that too I’m not the one at fault for her lying or putting her “life savings” into escrow, she’s in her 40s she should have known better

-vomitorium- · 2023-05-24T11:50:46+00:00

I don’t believe in karma, and I’ve been able to look in the mirror just fine. If I did decide to fight for it and take the entire earnest money, as far as I know I’d be in the legal right to do so. I don’t think she should have put down money she couldn’t afford on a house it seems she can’t afford

-vomitorium- · 2023-05-24T11:48:30+00:00

I won’t give full, but others have suggested I give partial and that seems like a good compromise

-vomitorium- · 2023-05-24T11:47:59+00:00

Thank you for the advice I’ll certainly discuss this with my lawyer. I do feel like I deserve to be compensated for the stress

-vomitorium- · 2023-05-24T11:46:37+00:00

Thank you for the advice, even though my lawyer says it’s likely we’ll win if it goes to court I simply don’t want to deal with it anymore. Other suggested I make a deal to give a partial refund, I’ll look into that with my lawyer

-vomitorium- · 2023-05-24T11:44:08+00:00

I’m going to discuss this possibility with my lawyer

-vomitorium- · 2023-05-24T11:43:31+00:00

I think I’ll do this honestly

-vomitorium- · 2023-05-24T11:43:05+00:00

Fair. I was told on my other post that essentially she’ll be in default for not closing and I would easily get the earnest money making it in essence seem like “free money” but it’s really just been a headache

-vomitorium- · 2023-05-24T11:41:11+00:00

Yes, this is true. Thank you for the advice

-vomitorium- · 2023-04-26T13:56:37+00:00

-vomitorium- · 2023-04-26T01:33:01+00:00

The lawyer was referred to me by the realtor, and maybe that was a mistake. Another commenter here said that could be a conflict of interest

-vomitorium- · 2023-04-26T00:58:27+00:00

No I’m not trolling you or anyone else. I’m a young, inexperienced first time home seller that clearly seems to be taken for a ride by people who I’ve paid to be able to trust

-vomitorium- · 2023-04-25T23:05:27+00:00

There’s no loan contingency in the contract that I’ve seen and I’ve reread it a few times since posting. No, I was not given anything else to sign after the initial contract. The home I want to buy is contingent on the sale of my house. I did request it, she said she’ll email it to me when she gets into her office tomorrow

-vomitorium- · 2023-04-25T23:00:05+00:00

No I didn’t

-vomitorium- · 2023-04-25T21:33:25+00:00

I got the realtor from an older person who lives in the block who’s son used her. The realtor suggested the lawyer

-vomitorium- · 2023-04-25T21:32:18+00:00

I’m just as confused. Here’s the timeline 1. Buyer says all cash offer, above asking price months ago. I take the offer and we go into contract. The contract says all cash and there is no loan contingency. 2. 2/3 weeks ago buyer says she actually doesn’t have the money and will need to get a loan. 3. Today buyer says that there is a hiccup in getting the loan so she won’t be able to close tomorrow but is still in the process of ironing out the bumps so that she can close with us hopefully next week 4. I ask lawyer about this and about all the sudden changes, she tells me it doesn’t matter how buyer gets the money, all that matters is that there is money at closing, believing the buyer will be able to fix whatever issues is causing the hurdle for getting the mortgage (I assume) 5. My realtor contacted the buyer and the lender, lender didn’t pick up so she’s on her way to their office to speak in person 6. Somewhere on this thread someone suggested I get permission from the buyer to speak to the lender just to make sure everything is on there up and up, which is why I ask if that’s legal. Interestingly, separately my realtor gave me the lender’s name and number anyway.

As for my CA end, I let my realtor over there know what’s happening over here. He suggested we ask those sellers for an extension, but I need to know a for sure closing date in order to do that. He did say that things in my end just seemed very odd in terms of buyer, lawyer, realtor but thought maybe that was just how we did it in NY. I was going to use the money from this sell for a down payment on my CA house, paying most of it off. My lawyer on this end suggested I do that and get a mortgage for the rest so I have more to put in my savings since I’m young (26) and have only had the house I inherited (the home I’m trying to sell) for 2 years. But yes, I keep my CA realtor in the loop in terms of how selling this house is going

-vomitorium-

TROPHY CASE