Coldwell Henderson Sothebys
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anon-6np3
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PostPosted: Thu, May 25 2017, 9:33 pm EDT    Post subject: Re: Callaway Henderson Sothebys Reply with quote

Jill324-2933 wrote:
I'm sorry you are dealing with your issues at this point of the process. I have been a realtor for many years and you definitely have a leg to stand on if the condition of the house is worse now than it was when you made the offer. It certainly sounds like this is the case and I wish you luck.


Yes, we've been advised that if there are changes to the home after we had the inspection but prior to the walk-through, we have the right to ask for them to be fixed, to our standards, or we can remove our offer.
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anon-s6p5
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PostPosted: Thu, May 25 2017, 10:51 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Your lawyer should also tell you that if you go back and open the negotiations then the seller can also cancel the contract. It's a two way street.

We had a buyer who wanted our home we were selling, but played games during inspection. They wanted a concession of 10% of the sale price. I said no and cancelled the contract never even countered. I took the risk that I'd find another buyer. The buyer exploded on us demanding we sell them the house and how we were not acting in good faith. That it was a negotiation. We ignored him as we had no desire to deal with him. within 2 weeks we had another buyer who was great.

So make sure you're willing to walk away.

Good luck. Hope it works out for you.
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anon-6np3
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PostPosted: Fri, May 26 2017, 7:37 am EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-s6p5 wrote:
Your lawyer should also tell you that if you go back and open the negotiations then the seller can also cancel the contract. It's a two way street.

We had a buyer who wanted our home we were selling, but played games during inspection. They wanted a concession of 10% of the sale price. I said no and cancelled the contract never even countered. I took the risk that I'd find another buyer. The buyer exploded on us demanding we sell them the house and how we were not acting in good faith. That it was a negotiation. We ignored him as we had no desire to deal with him. within 2 weeks we had another buyer who was great.

So make sure you're willing to walk away.

Good luck. Hope it works out for you.


I'm glad it worked out for you and that you felt you found someone fair to sell to. We are willing to walk away, and I think we prefer it at this point. We are disappointed with the realtor, the company, and mostly with the seller. I wish I could upload pictures to this post. I just can't imagine leaving my home this way for someone else to clean up, especially when they paid full asking price. We will be fine with a canceled contract and hope for a mutually respectful exchange in the future. I hope you found that!
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anon-r9o8
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PostPosted: Fri, May 26 2017, 11:38 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

This is not a lawyer problem or a realtor problem. It's a buyer problem. It's very simple and it happens in many real estate deals. If you go to the walk through and you aren't happy with the condition, then you don't close. You delay until you are satisfied with the condition. That is a decision for a buyer to make for themself. Lawyers and realtors don't make those types of decisions for you.

If you decided to accept the property in that condition, then that was your decision.

I'm sad to see that our community has added a member who is clearly the type to not take responsibility for their own decisions and also the type of person who would anonymously criticize someone else in public.

Also, it doesn't cost $5k to fix some shoddy wall patching. More like $500 likely. Sad to see this nutbag come in to town.
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anon-r9o8
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PostPosted: Fri, May 26 2017, 11:48 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Wow. Just got what they meant by didn't go to closing. I thought they meant a closing happened and they didn't attend. Get it now. They did postpone.

That being said, demand that they repair and if they don't, then don't buy the house. I still fail to see how there's anything the buyers lawyer or realtor can do other than issue a deman. If the seller refuses to deliver the home in a proper condition that they agreed to deliver it in, void the contract and sue them for breach. There's nothing an attorney or a realtor can force them to do. Naming the real estate office in a post like this to smear their reputation is not fair or warranted. So I stand by the end of my previous post where I stated it sad to see a jerk moving to town.

Sure hope this deals doesn't work out.
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anon-6np3
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PostPosted: Sun, May 28 2017, 8:36 am EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-r9o8 wrote:
Wow. Just got what they meant by didn't go to closing. I thought they meant a closing happened and they didn't attend. Get it now. They did postpone.

That being said, demand that they repair and if they don't, then don't buy the house. I still fail to see how there's anything the buyers lawyer or realtor can do other than issue a deman. If the seller refuses to deliver the home in a proper condition that they agreed to deliver it in, void the contract and sue them for breach. There's nothing an attorney or a realtor can force them to do. Naming the real estate office in a post like this to smear their reputation is not fair or warranted. So I stand by the end of my previous post where I stated it sad to see a jerk moving to town.

Sure hope this deals doesn't work out.


Thanks for your comment, albeit a bit, well, emotionally driven? Recent events revealed what we suspected - that the realtor was sharing our private conversation (between my husband and me) with the seller. We know this because the seller's lawyer is stating what we planned to change after purchase in his emails to our lawyer. For example, we of course would like to paint the house, but not necessarily be forced to do it prior to move in based on the sellers "touch-ups". The seller's attorney has now used this idea to support the seller's case, which is not ethical. This points back to the issues with a dual agent. We have spoken several times to the manager of Callaway, and he suggested we simply deal with the lawyers, since we are at closing. However, we are not at closing; we are back to negotiations, based on, as you said, the home not being in the proper condition, which both lawyers have agreed is the case. A home is the largest purchase in one's life. We hire realtors to facilitate because I am a professional of another sort, not a realtor. We hire lawyers to do the same. The realtor here has hurt our transaction, and the manager and the company should step in, and they said they will. This will only be a smear campaign, as I think you called it, if this ends up hurting our ability to buy the home we put the bid in for. Hopefully, Callaway supports us better, now that the agent is solely for the seller. I guess we will see if everyone does the right thing in the end.
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anon-s6p5
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PostPosted: Sun, May 28 2017, 1:10 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Some thoughts.

First you are absolutely right to feel disappointed.

That said:

- the realtor cannot control a seller's willingness to make a concession.

- In my experiences we have allowed buyers into our home post inspection to do measurements and even walk through with contractors. It was never a leap for me to guess they would do work.

- I do not know your sales agreement. However, usually the only way to cancel a contract is spelled out. Mortgage contingency, home inspection, etc...I have never seen it address cosmetic. So you should make sure to discuss with your atty what your legal rights are and what curxumstances would allow you to get a deposit back.make sure you don't lose th house and deposit.
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anon-6np3
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PostPosted: Sun, May 28 2017, 1:43 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-s6p5 wrote:
Some thoughts.

First you are absolutely right to feel disappointed.

That said:

- the realtor cannot control a seller's willingness to make a concession.

- In my experiences we have allowed buyers into our home post inspection to do measurements and even walk through with contractors. It was never a leap for me to guess they would do work.

- I do not know your sales agreement. However, usually the only way to cancel a contract is spelled out. Mortgage contingency, home inspection, etc...I have never seen it address cosmetic. So you should make sure to discuss with your atty what your legal rights are and what curxumstances would allow you to get a deposit back.make sure you don't lose th house and deposit.


Thank you for your thoughts. The strange thing about this is that it seems cosmetic, but it's actually changes to the walls that the seller made after the inspection. Everyone agrees on that at this point; it's just a matter of who will fix it and how much it will cost. To have the house spackled properly and repainted is 5k, according to a contractor. We offered to pay half.

We certainly agree with you about the realtor's inability to control the client's willingness. We just wish we had seen it coming, and we feel that she should have kept us informed. It was simply not the same house that we offered to buy. He just sort of went crazy on the walls and left it, not to mention the carpet. We saw it an hour before closing and were just crushed. Hopefully, neither of us needs to back out of the contract, but we've been advised as to how to proceed if that's the case.
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anon-370q
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PostPosted: Sun, May 28 2017, 4:30 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-r9o8 wrote:
This is not a lawyer problem or a realtor problem. It's a buyer problem. It's very simple and it happens in many real estate deals. If you go to the walk through and you aren't happy with the condition, then you don't close. You delay until you are satisfied with the condition. That is a decision for a buyer to make for themself. Lawyers and realtors don't make those types of decisions for you.

If you decided to accept the property in that condition, then that was your decision.

I'm sad to see that our community has added a member who is clearly the type to not take responsibility for their own decisions and also the type of person who would anonymously criticize someone else in public.

Also, it doesn't cost $5k to fix some shoddy wall patching. More like $500 likely. Sad to see this nutbag come in to town.


Judgmental much? If the seller really made these changes after the inspection and if they really not only did poor patching but did spot painting that now makes every wall they patched and painted need to be completely re-painted, and if this exists throughout the house, it would cost thousands to get a professional to re-patch and paint all those wall. Any time you patch you really need to repaint the entire wall that's affected and it sounds like they didn't.

According to the buyer/poster, they did not ask the seller to do any patching or painting. If so, they shouldn't have done anything as holes in walls from former hangings is an acceptable condition to deliver a house. I still have holes in mine from the previous seller that I haven't fixed and I have been in the house over a decade. But if they really on their own made the conditions worse prior to close, of course it's the right and discretion of the buyer to refuse to accept it, especially if they have contractors quoting them thousands to repair it. Totally up to them whether they want the house enough to live with it or walk, and up to the seller to fix or cancel. No need to judge people just because they don't act like you.
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anon-0493
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PostPosted: Sun, May 28 2017, 9:20 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-r9o8 wrote:
Wow. Just got what they meant by didn't go to closing. I thought they meant a closing happened and they didn't attend. Get it now. They did postpone.

That being said, demand that they repair and if they don't, then don't buy the house. I still fail to see how there's anything the buyers lawyer or realtor can do other than issue a deman. If the seller refuses to deliver the home in a proper condition that they agreed to deliver it in, void the contract and sue them for breach. There's nothing an attorney or a realtor can force them to do. Naming the real estate office in a post like this to smear their reputation is not fair or warranted. So I stand by the end of my previous post where I stated it sad to see a jerk moving to town.

Sure hope this deals doesn't work out.


LOL, they'll fit right in! We already have plenty of jerks in town, including you for suggesting an immediate lawsuit! Are all Realtors Republicans? But more to the point, and from many years of experience, I've found that rich young people are mostly self centered, unrealistic, and ridiculously demanding, and they don't realize that they are also part of the problem. They lose sight of the big picture by being petty and greedy. Things eventually work out if there is give and take by everyone.
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anon-6np3
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PostPosted: Tue, May 30 2017, 5:40 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Well, I wouldn't say we're rich or greedy, or nutbags, but I guess if asking for our purchase to be followed through fairly makes us jerks then guilty as charged. We're decent people, likely like the rest of us on here, and we're community members who pitch in and help our neighbors. My husband is an emergency responder and so am I, so I guess that probably makes our case for us. We hope to be contributing members of the neighborhood now that we've gotten the green light, thanks to Callaway, who "got it done". In the end, we agreed to half and Callaway and the seller split the other half. I hope the "little guy" never feels silenced by the corporate entity or a seller who doesn't want to follow through and in fact makes things worse for all involved. We are grateful that Callaway supported us in the end, and we are feeling lucky to be moving towards a new home and a new community.
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anon-s6p5
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PostPosted: Tue, May 30 2017, 7:38 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Glad it worked out for you.

Cranbury Fire Co and First Aid Squad are always in need if volunteers. If you're first responders then maybe you can join.
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