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Well, the drama just never ends!

I fell in love with a 1.5 story craftsman style home and they accepted my offer (asking price)!

We are scheduled to close July 31st.

Today the realtor calls and they DON'T want to sell their house! Apparently the home they made an offer on fell through and they decided they don't want to sell.

The realtor assures me I am a reasonable person and the sellers are even more upset than I am! He would like to know tomorrow if I will withdraw my offer to purchase.

They are willing to return my deposit and compensate for any expenses plus pain and suffering.

I cannot even think clearly at this point. I feel like I am drowning in half packed boxes and am not sure if I should start unpacking!

I don't think I could be happy in their home knowing I forced them out!

WWYD? I plan to delay giving a response until next week.

I welcome your thoughts.

I would do one of the following;

1. Go through with the sale.

2. If you don't want to do that, Include in the pain and suffering enough to compensate you fully so that it is worth your time and effort to find a comparable property and are happy about it. (This is a sellers market, how will you feel if it takes you three months to find something you like as much and the prices have gone up?). This would be a kindness to them and if they love the house and want to keep it that much, them they should have no problem doing this.

Unfortunately, this is a business transaction and your responsibility is to cover your needs first.

And yes, they are upset. But their upset over their poor decisions should not be transferred to you being upset. Either go through with the transaction, or make sure the amount they compensate you does not leave you upset at their mistake.

[This message edited by MakingMyFuture at 10:05 PM, June 29th (Thursday)]

Wow. That's a tough one. I'm sorry. I guess if it were me, I would just take the money and start looking for another place. I would never feel right if I had to force them out.

When looking for my house, I had a couple that didn't work out for one reason or another, but I didn't give up. I just kept looking and I found a nice house that I dearly love and it is better than any of the ones I didn't get. It was cheaper because it was a VA short sale and the bank messed up a few times on closing and had to lower my interest rate to 3% to compensate me. It was a win-win for me.

Maybe look at it as it wasn't meant to be because your house is still out there waiting for you to make it your home. (((HUGS)))

Hey Yooper-

Wow that sucks. Personally, I wouldn't force them out. Take the money back and keep looking. You'll find another one. Don't unpack.

Why do they want to stop sale outright vs. delaying closing or renting time in the house from you to push back you getting possession until a later date? I would talk with your realtor about options besides simply withdrawing your offer.

Frankly, their sale falling through isn't YOUR problem. They have a month and could find something else, make other living arrangements, etc. This is ultimately a business transaction, and these people may be very nice but they are strangers.

You are not forcing them out - they chose to leave when they accepted your offer.

IF you decide to start searching again I would get everything in writing and possibly have a lawyer review to ensure what they are proposing is defensible. This seems like a strange reaction to their sale falling through.

Are they going to stay there? Will they sign a contract that if they opt to sell it in the next 6 months you get right of refusal at the same price?

I would feel bad forcing someone out, but they put it on the market. Sounds like cold feet to me and they just need to bite the bullet and move.

Not familiar with how real estate transactions in your state - and the law does vary from place to place. You might want to check with a lawyer on what you can do. Where I live unless you make the sale contingent on some other factor (like getting your own new place) sales contracts are enforceable.

That being said the cost of enforcing sales contracts can be prohibitive once legal fees are factored in.

Sometimes house sales just fall through and having bought and sold many properties over the years, anytime something has not worked out - a better deal always can up later on.

Hang in there!

Thanks for all your comments and suggestions.

The sellers were looking to buy a home in a specific location and found property that adjoins with other land the family owns. Their offer fell through. They have changed their minds and decided to not sell, but stay where they are. They don't want to look for someplace else. The problem being that they accepted my offer on their home!

We live in a small town. I have been looking at homes for about a year before I found this one. They have lived here for many many years and have extensive family, friends, co-workers and neighbors. (I know this through a mutual acquaintance). Even if it is a sellers market, the pickings are pretty slim here!

I managed to delay my response until next week. I can only hope there is something better on the horizon.

yooper, If I were you I would proceed with the sale, it's not your fault their deal fell through, nor should you feel obliged to cancel your end of the deal, because the realtor has asked you too.

The realtor assures me I am a reasonable person and the sellers are even more upset than I am! He would like to know tomorrow if I will withdraw my offer to purchase.

SO they are nice/good people are they, UH!UH! no they are not, the f*****g cheek of that realtor trying to put it across this way, and them too, if they were so concerned for yourself, they should/would have asked if you would “consider” delaying for a short time, not to cancel altogether, just asking you to give them enough time to find another property, that's being reasonable not wanting/trying to f**k up your life plans, if the shoe was on the other foot, do you think they would let you back out of the deal, NO F*****G WAY!

As you say it has taken you a long time to find your dream new home, so if you cancel how long will it take for you to find another one that you really like, the only thing I would be prepared to do for them is to delay the sale for a short time if you can your end without any problems, say a couple on months at the most, if you can't then they (the sellers) will have to rent somewhere till they find their dream home, so you get yours.

You are having to deal with enough shit in your life right now so why build another pile, it's time for you to get some good times back, you don’t owe them anything apart from the rest of the money due when the sale completes, don’t for one moment feel guilty, sorry or have any regrets with you insisting the sale goes ahead.

Sorry about the bad language, but this makes my blood boil, with them trying to take advantage of your good nature, unbelievable!

Regards BJE49

[This message edited by BJE49 at 3:06 AM, July 2nd (Sunday)]

I respectfully disagree with BJE. From the way I read this, the sellers asked, not demanded that you reconsider, correct?

I am currently selling my home. I go to settlement soon. I'll admit, I've had plenty of second guesses and doubts. Logically I know moving is the best thing for me, but it's still emotional to sell and I have had moments of regret.

Having said that, it's not your responsibility to back out of the deal if you don't want to. Little things I'd consider would be if it's a small community, will the neighbor's ice you out for forcing their neighbor/friends out of their home (not that that would be reality, but rather how they may perceive it)? Will the sellers be petty and perhaps do damage to the property before you take possession of it? Will you feel alright knowing you pushed forward with the sale despite their desire to break the deal?

Regardless of your decision, I hope it works out well for you.

How long was this house on the market?

I would wonder if they had a higher backup offer that they'd rather take.

Pentup has a great idea. Although I think I'd ask for 1 year guarantee. That way they can't play the price war game. I've bought a lot of property and have learned that people are not always nice when it comes to money. The realtor is not being very professional either. Her job is to look out for your best interest. IF it is the sellers realtor too then your interests are not being represented.

Duplicate

[This message edited by hardtimesinlife at 9:29 AM, July 2nd (Sunday)]

Yes, the sellers asked if I would reconsider. They did not demand I reconsider.

The house was on market 4 days and had 3 offers writhin that time frame. I do not know anything about the other offers. I did offer asking price with no contingencies.

I don't think that neighbors are as close as they were in previous generations. I've lived in several places over the years and never met any of the neighbors. I don't have children at home so there is no one to play with any neighboring kids.

I don't think the sellers would damage their property and there are laws to prevent this from happening. Besides, would they damage a home they loved? Even if they had to leave? I don't think so. At least, I would hope not.

The realtor had commented that he personally knew the owners when I originally looked at the home. So I am sort of questioning whose side he is on. The listing agent is a different realtor.

We'll see what happens later this week!

As of right now, I am considering moving forward with the sale.

I don't think I could be happy in their home knowing I forced them out!

Me either.

I am a firm believer that things happen for a reason and since this wrench was thrown into this deal, I think there is something better on the horizon for you.

I would let them keep their house because I think it is a sign that this just was not the deal for me at this time.

I know a lot of times things happen to us that are so frustrating/maddening but in hindsight, it was for the best.

[This message edited by EvenKeel at 9:56 AM, July 3rd (Monday)]

No...YOU didn't force them out of their home. Like millions of other home owners they gambled the NEW home they wanted would be available.

Look Yooper...they gambled and lost. If they didn't want to move into another house, they would never had listed their house in the first place. It's tough on them, but they accepted your bid and unless they had a contingency clause in the contract they need to move.

k9

Brighteyes, If you read my post again you will see I never said not once the realtor demanded anything, so you are shamefully wrong to imply I did, so can you please tell me what exactly are you respectfully disagreeing with in my post, all I said about the realtor was he had a dammed cheek to say what he did to Yooper, and I assume that he also told the sellers, Yooper was a reasonable person as if he new her personally, that’s what I read into and got out of Yooper’s post asking for advice, on which I gave my point of view.

Yooper

Yes, the sellers asked if I would reconsider. They did not demand I reconsider.

The house was on market 4 days and had 3 offers writhin that time frame. I do not know anything about the other offers. I did offer asking price with no contingencies.

I don't think that neighbors are as close as they were in previous generations. I've lived in several places over the years and never met any of the neighbors. I don't have children at home so there is no one to play with any neighboring kids.

I don't think the sellers would damage their property and there are laws to prevent this from happening. Besides, would they damage a home they loved? Even if they had to leave? I don't think so. At least, I would hope not.

The realtor had commented that he personally knew the owners when I originally looked at the home. So I am sort of questioning whose side he is on. The listing agent is a different realtor.

We'll see what happens later this week!

As of right now, I am considering moving forward with the sale.

Yooper I hope you did not think from your post above that I said the realtor demanded anything of you, as Brighteyes implied in her post, it’s simply not true.

I stand by all of what I said and still see no reason at all for you to back out of the sale, and I hope you stick to your guns with your last line above > As of right now ect, go get your new home and your new life, good luck my dear, I’m rooting for you.

Regards BJE49

[This message edited by BJE49 at 11:41 AM, July 3rd (Monday)]

I would stick to my guns as well and I suspect they either got a higher offer or someone got it in their head that they could hold on to the house for another year and get $X more. Listing a house is no small matter; they had about 20 points where they could have backed out prior to this. I think the explanation is dubious and smacks of entitlement at best and is downright underhanded at worst.

If you do back out, I would also request a guarantee if the house goes on the market within a certain time frame that you have first right of refusal.

Like millions of other home owners they gambled the NEW home they wanted would be available.

This.

BJE, I'm sorry I wasn't clear. I meant that I disagree with the overall tone of your post, not that you said they demanded something. You just sounded over the top angry to me and I read the dilemma more as a difficult situation in need of a solution rather than a reason to get angry.

I hope you're having a lovely day and I'm sorry you were offended by my words.

Yooper, I hope you get the home of your dreams.

Yooper,

I had a similar situation, but I was the seller. ExH and I were building a custom home and put our current house on the market. It sold in 7 days. We based the closing date on the date our builder gave us to have our new house ready.

Well, it all fell through with the new house. Delayed it about 2 months.

We (stupidly) listened to our realtor that said nobody could force us out of our house. So, we just said we couldn't close on the date specified and wanted to change it.

Buyers balked BIG TIME. They said the wife had health issues and had to leave the cold NE to move to our house. We played back and forth for awhile until we got a letter from their lawyer.

Well, we consulted an attorney and he told us to move heaven and earth and find a place to move to honor the contract! He said that if we breached the contract and they had to find a comparable house, we'd be responsible for ALL of their expenses. And, given the health issues of the wife, we'd be in deep $$ trouble if something bad happened to her. In short, he told us to play nice and negotiate a closing date ASAP.

So, we wrote a nice letter to them and explained our dilemma. Turned out that our next-door neighbors (who were building a house next-door to our new home too) were moving sooner. We rented their house for 2 weeks and then moved to our new house.

So, the moral of my story is that YOU hold all the cards. They signed a contract, and IF you decide to let them keep their house, make sure you look for comparable houses and make them pay any additional expenses (such as if the house is more expensive for the same s.f., etc.) While I sympathize with their plight, make sure you do all of your homework and don't let them off the hook too easy. Contracts are meant to be enforced, and we found out the hard way.

Brighteyes, I don’t think I was as you say “over the top angry” but I was pissed off though with what the realtor was trying to do (see my finishing line from that post below) also we now know from Yooper that he knew the sellers personally, which sort of proves my point that he acted disgracefully, and certainly not in a professional manner, and to me he tried to take advantage of Yooper’s good nature for the better of the sellers whom he knew quite well it seems, as for a solution for a difficult situation I think I got my point across quite well thank you without an angry overtone.

My quote

Sorry about the bad language, but this makes my blood boil, with them trying to take advantage of your good nature, unbelievable!

I hope we can now move on and this will be the end to the matter, as I don’t wish to get into an argument about it.

I’m good at my end, hope you are at yours.

Regards BJE49

[This message edited by BJE49 at 1:52 AM, July 4th (Tuesday)]