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tybec

Big decisions by yourself

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Ugggh......

 

My house fell through the sale last summer. I let it set empty for 5 months, in the winter, no one looking.  Lowered the price 12,000. 

 

Got a renter in it Jan.  Didn't plan on it, but it helped me out a lot.  She knew me from way back and separated from her husband and wanted it and moved in the day I posted it through my realtor managing it. 

 

She reconciled last month, bought a new house last week with husband and wants out of the 12 month lease. She tried to say I was very supportive of her getting back with him and why would I not let her out?  She was a risk due to past bankruptcy but she had the pay stubs and paid first and last months rent.  She moved out last week!

 

She is harassing my realtor daily as we decided to put it back on the market as it is spring.  She is annoyed, stating she is helping me sell and she doesn't get anything. My realtor asked me about letting her out of the lease because of the messages she deals with.  Everyone I talk to says, too bad. It is her job and the lease is a binding legal contract.

 

Well, now I have a bid on the house. LOW bid and they want me to pay the closing costs.  My realtor says that is common.  I paid all those costs on my new home!  They are already low in the bid.  I dropped the price so much.

 

So, psychologically, as money is about that.  Take the low bid and pay closing just to be out of it all?  Stand my ground and maybe it does not sell again?  It is a year May that I put it on the market. The other's wanted it last summer, all went through but they couldn't sell their house and decided against the bridge loan they were approved for then. 

 

My NG listens and talks well about it as he is a finance guy but ultimately, it is MY big decision.  Gosh, I miss having my husband to run this by and support me in the decision. 

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Ugh, tybec, I hear you. No fun doing this kind of stuff on our own.  Do you need to make a quick decision?  Can you sleep on it for a night or two, and sort things out in your mind a bit before deciding?

 

As for your renter, how good a friend is she?  Seems sketchy that she backed out of the lease and doesn't offer compensation of any kind.  A lease is a binding contract, but if she's a friend maybe there can be a compromise of some sort, like asking her to pay some rather than the full lease? 

 

I'd make a counteroffer on the house, if this hasn't been done already.  Take the realtors opinion on the marketing of this house, spring can be a good time to sell. 

 

I find that taking a step back from the situation sometimes brings answers.

 

 

Good luck!

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tybec I am selling my house right now, and I did get a few LOW offers cause that is what people do!

 

Counter back and stand your ground, make your realtor work for YOU. It is a sellers market right now...

 

As far as the friend goes, hhmmm, I have to agree with trying2, she should be offering something for breaking the lease.

 

Best of luck to you.

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Making these big decisions alone just plain sucks. The way I handled them was to go with my gut and take into account what simplified my life. Then forgive yourself if it isn’t the absolute best decision because it may be the best decision for you at this time.

 

Best of luck with all of it.

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For what it is worth, I plan to sell my house "as is."  We don't have to move (yet) so I plan to put a price that I'm comfortable with on it and stick with it. 

 

Unless you just want to be done with it, I would not take the low bid right away.  Counter offer.

 

I swear, this house thing is such an colossal PITA that I'm just about ready to rent for the rest of my life. 

 

Good luck - I feel for you. 

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For what it is worth, I plan to sell my house "as is."  We don't have to move (yet) so I plan to put a price that I'm comfortable with on it and stick with it. 

 

Unless you just want to be done with it, I would not take the low bid right away.  Counter offer.

 

I swear, this house thing is such an colossal PITA that I'm just about ready to rent for the rest of my life. 

 

Good luck - I feel for you.

 

 

That is exactly what I did Toosoon2.

 

And it is a HUGE pita!, but you really have to grow a tough skin, cause there are some really rude people out there and they are gonna say some nasty ugly crap about your house so they think they can get it for nothing!

 

You got to be able to say NOPE, and let them get on up outta there, until the right one comes on in there and sees what you saw in that place. Like I said it is a sellers market right now, so be patient and it will move.

 

I myself, am downsizing. Got up this morning feeling weepy cause I only have 3 weeks left here after 25 years.... But I knew there would come a day to let it go. I went and rented a storage unit yesterday, and will be moving stuff to it next weekend, sigh....

 

Next month will be at my daughters place, for a while. gonna try that for a bit. will keep you all posted ;)

 

Good luck to you...

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Thanks all.

 

I took an offer I could live with.  The house was put on the market last May, and then I took it off and rented it in Jan.  It is just hard to not get closer to the value of a couple homes right in my cul de sac area.  But timing is fact.  And the closing costs.  My realtor stated the norm in the area is to pay the closing costs since we have a huge army post with VA loans.  It is not the norm, but I don't want to lose a sale like I did last summer.  It is such a game and risk.  Nothing I can change.

 

The renter.  Not friends.  I knew her from way back. She has made lots of poor decisions, but again, she had the pay stubs and paid first and last rent.  I mean, who separates, and then in 3 months, buys a new house with their separated husband? I WANT her to follow the law, be responsible and pay until the sale is through.  My realtor is fearful she could hold up the sale just to be vindictive. She must know something I don't know as she has said to cut my losses.  I am annoyed. The renter knows my story, and my late husband helped her and her family move twice when desperate. Her husband had heart failure and she left him for this NG.  Her ex husband died a couple years ago, I heard.  Anyway.....

 

I am getting a lesson in people not being responsible and having to deal with some unfairness despite folks knowing me and my son and late husband.  I guess I have just been fortunate for so long with support.  My  turn...

 

 

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What your realtor knows is how to make their money , they don't care about you!

 

Do you have a signed lease with the person who rented your place? If nothing else, even with the sale of your house the witch owes you for 1 months rent outside of the other monies paid to you when she moved in! For the time it took with no income on the property.

 

So, if you need to sell, understandable, but don't be a doormat and let these aholes take advantage of you because they know you are alone. Be the strong hard woman you can be, and make them do what they are suppose to do, DON'T BACK DOWN!

 

State your case like you know what YOU are talking about, even if YOU are faking it. Be strong and FIRM, make it sound like you are the one who is being fair with them, not the other way....

 

YOU GOT THIS...

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It’s not clear to me how you could hold the renter to her contract if you are selling the house? Does the contract state that she can continue to rent if you sell the house? If so, the new owner would get the rent payments, no?

 

Even forgetting that part, holding someone to a lease is not a simple procedure. Yes, technically they owe you the money, but forcing them to pay would entail getting a judgment against them and even if you get that it’s not a simple thing to collect on the judgment.

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It’s not clear to me how you could hold the renter to her contract if you are selling the house? Does the contract state that she can continue to rent if you sell the house? If so, the new owner would get the rent payments, no?

 

Even forgetting that part, holding someone to a lease is not a simple procedure. Yes, technically they owe you the money, but forcing them to pay would entail getting a judgment against them and even if you get that it’s not a simple thing to collect on the judgment.

 

First, if there is a lease, then they (the tenants) have to have to pay their rent even if the house is being sold. They only have to pay the new owners after they take ownership of the house, and if I understand correctly then the rent payments then go to the new owners until the lease is up.

 

It's like judge Judy says, you don't eat the whole steak then decide you didn't like it!

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The lease is for one yr with first and last month down.  The only way to not be bound to it is to have another renter.  The renter found onehrr friend, but the applicant wasn’t good, so denied.  She got mad then and harassed my realtor/manager. My realtor then said let us sell it. It is spring.  And then the renter  can be out of the lease.  Verbal agreement.  The renter has been a pain, texting and calling and being problematic about showing it.  My manager/realtor said she hated to commicate as it was terrible.

My stance was too bad.  Throwing the renter a bone.  She lets the house be shown and sell and it is win:win. Realtor is concerned the renter may cause problems with sale and move in as she is vindictive and there is no written legal statement about this, putting it back on the market and letting it be shown.  She thinks the renter would go as far as holding up the sale and then not pay rent even if it meant to go to court.  She doesn’t care. 

 

In fairness I told the realtor we would prorate her rent to day of closing.  Realtor still does not think she’ll do it.  I am consulting a lawyer/friend tomorrow. 

 

My house is in a small town.  It is great for lots of things but business this go around, no.

 

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First, if there is a lease, then they (the tenants) have to have to pay their rent even if the house is being sold. They only have to pay the new owners after they take ownership of the house, and if I understand correctly then the rent payments then go to the new owners until the lease is up.

 

It's like judge Judy says, you don't eat the whole steak then decide you didn't like it!

 

Not necessarily.

 

A rental contract (lease) does not automatically transfer to the new owner of a property. It depends on State and local laws and ordinances.

 

Normally, A third party (new owners) cannot be made part of an existing contract (lease) without ALL original parties being in agreement.

 

Here's the thing - check this out thoroughly before counting on it. It seems simple but it may not be.

 

(I'm not convinced Judge Judy should be taken as Gospel.) :)

 

Good luck - Mike

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Agree with Portside that a rental contract doesn't necessarily carry to the new owner, and it doesn't seem that the current renter would be a selling point to any potential buyer!  So she's still in the house as you're selling .....  a sticky situation.  If she's vindictive and not cooperating this could most definitely affect the house sale.  Maybe cut your losses and send her on her way, she's nothing but trouble and what rent money you could collect might not be worth the stress and hassle.

 

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[ It depends on State and local laws and ordinances.

 

 

I thought I said this, sorry....

 

Because nothing matters if it isn't the law, and really it is up to the person who is having to deal with it all.

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I am out of the lease. I consulted my attorney/friend, and the lease is clear.  You get out of the 12 month lease with a new renter taking over or the sale of the house would be the same though not stated in the lease agreement. My attorney/friend stated it was clear to get out she would lose her deposit, and she is still responsible for taking care of the property, utilities, etc., for the 12 months lease. 

 

I sent a request to have her pay for the utilities/yard upkeep until the house sells, and then I return her (generously) the whole deposit. I didn't ask for May rent, as the lease states is still necessary.

If the house sale fell through, she is still legally bound for the 12 months.  It states it clearly.

 

Her response was that was crazy and if she had to pay for MY HOUSE, she would allow her 22 yr old son to live there, and she would be by with the rent May 1st.  His name is on the lease, and he is an adult.  She wants out with nothing, no penalty, no responsibility.

 

I slept on it, talked to a friend that used to be good friends with her, too. She is crazy, they told me and my loss of the money is not worth my loss of peace. They said she would be vindictive enough to have me lose the sale.  Going to court over the few thousands of dollars is not worth my peace and what could happen to my home with her son living there.

 

I am so angry. I am a fair person. I have helped this lady and family out in the past, like 12 yrs. ago when she lost her home to flooding.  I took a risk to rent to her but she had the money.  UGHGHHG!!

 

My widow friend told me the bible is clear on injustices to widows and the fatherless, God's contempt.  I'll take the peace, as my friends' advised and let her live her consequences.  Here or beyond.

 

Just praying the house sale goes through now......

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Oh tybec I'm so sorry that you are having to go through all of this.

 

Yes I'm very familiar with that bible quote, yet the hits keep coming for me, oiy!!!!

 

My buyers title company wants my soon to be ex to sign a quit claim deed on MY house with which his name is NOT on or associated with, after our divorce is over! They are wrong and my attorney even tried to tell these idiots this and they still argued with MY attorney about it, sshhheessshhhh.

 

So now it's going to cost me several hundred dollars that I can't afford to have him meet up with me, (and I thought I wouldn't have to see the jerk ever again) to sign this and then I have to file it to sell MY house, and I didn't want this ass to know I was selling or any of my business.....

 

Oh the atrocities of life handed out to us widows, I'm so sick of it!

 

Best of luck to you, and hope your house sells soon and you are done with all of it very very soon, and  are able to have this person out of your life for good....

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Why does the law always seem to protect the "wrong doers"??  I'm sorry you are both having to deal with renters and exes who shouldn't have any rights.  No advice just feeling your frustration.

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I SOLD the HOUSE!  What an emotional roller coaster!  Last week was my first mother's day without my mother.  I sold my house this weekend and next weekend is the Memorial service for my mother.   I was away at a training and had to have a POA for the signing at closing.  I think that was good.  One less trip to my home area of 23 yrs.  I had a cry driving home from my training and now feel relief. This life, I tell ya.

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good for you tybec! Congrats! Wish I could say the same, my closing was suppose to be yesterday, but the buyer decided to schedule a surgery for the Tuesday before and now my ass is in complete limbo. My realtor is a complete ahole, I feel like I have been doing her freaking job, and I am not happy! Now she is saying the appraisal is going down on my house and I am saying kiss my ass! she has dragged her feet, and there is a lot of BIG extras with my home, like acreage, whole house generator in a hurricane zone, whole yard sprinkler system on over an acre, etc....

On top of the less than 3 month divorce, it costing me money it should NOT have, now I am BROKE, I don't mean I have a little money left , I mean BROKE!!!

I can't stop crying with the crap they have pulled, don't know what to do, I have 26 years invested in my house.....

I thought the universe kicked the crap outta me when dh died , but damn I really can't take anymore...

Anyways, CONGRATS....

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Oh no Sudnylsngl!  

 

 

So sorry!  Gosh, what a mess!  I hope it comes around somehow for you!  Too much!! You need a break! 

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Congrats, tybec, on the sale of the house!   One big thing to cross off the list.  You do have a lot going on, hope there are some peaceful days ahead for you very soon.  

 

sudnlysngl    ((Hugs))

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Posted (edited)

Well, the buyer went into "hiding" , did his surgery, paid NO monies to me at all and today is the 25th! He wouldn't even answer his own realtor.

 

I reached out to him, but I made sure that before he did his surgery that I put it into writing for him NOT to do it unless he put some money in my hands first and set the new closing date for the 1st. He didn't do that and I had another buyer wanting the house! He could have waited 3 days to do his surgery and did the closing, I was ready!  I reached out 1 more time telling him if he didn't respond by this last Monday he would lose all the money he has paid thus far in inspections etc. and I would move on to the new buyer because he has breeched the contract!

 

He didn't respond, so I moved on! Now he is pissed, claiming he still wants the house, refusing to sign over the escrow money to me, which by our law he has to because he breeched the contract, and we (my realtor and I ) found out he lied about having all the money available to buy the house. So now he is saying he has a work comp case that is suppose to pay out on this coming up Tuesday. Yeah right!

 

I'll be damned to believe anything he says! So I told my realtor if he is serious, then he shows all the funds by Tuesday 5pm, releases the escrow money to me by 5pm today, and he pays the cancellation fees on my new contract , plus we close on the 8th period! Otherwise, go pound sand! Oh and I stop him from getting his escrow money back too!

 

His biggest mistake was mistaking my kindness for stupidity!!!

After dealing with the jerk off ex, and now this too all at the same time, I truly can NOT take anymore stress....

Edited by sudnlysngl

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So as of yesterday my realtor let the old buyers realtor know that he can do a back up contract. Stating if this buyer doesn't go through then he can buy my house, but after everything he pulled he has to release the escrow money, and show that he has the money to purchase. We also know that his realtor isn't very good at his job or been at very long.

 

During this, this person texted me thinking he could talk to me separately and get me to break contract with new buyer. I ignored him, just like he did everyone for over 2 weeks!

 

I guess he thought it was ok to f**k with someone else's life, but now that he is losing all the money he put out it doesn't feel so good. oh well. He should of thought about that before he did that crap to others. I'm sitting here not being able to pay my bills because of him, no food in my house, so I'm not eating, and he didn't give a crap. So now he can suffer the consequences of his actions.

 

Just praying this new one goes through, and the rains let up, I just have to empty out my garage and move my bed and  have only a open trailer to use.

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