it is signed and sealed,no recourse...And even if you may have had a chance at such, you conceded $4100 additional to make the deal happen....A real lousy way for the buyer to "rob" you, but that appears to what has happened...It's over, so let it go...And be happy she didn't really walk away..Happy Holidays!!!!

First, not close, and you probably would have had to go through arbitration if that was in the contract, second hire an attorney and sue for specific performance and/or damages, unless the liquidated damages box was checked and all you would have been entitled to for damages is the earnest money.
I think you were blackmailed, but chose the option of least resistance. Probably should have bumped the price up to cover her closing cost, but it was to late for that I think.
Anyhow, enjoy Christmas and New Year and that extra $3,600 will come back in spades to you in 2008.

I would just let it go. You got the deal done and your buyer pulled an underhanded tactic on you even if it wasn't planned to be that way. It stinks but I think you would be in a worse situation had you not done what you did. You could have gone after her to uphold her portion of the contract and maybe after a year or so you would get a settlement that may or may not have been paid. I think when your buyer talked to her attorney that probably changed her mind. The attorney probably is the one that gave her the idea about the closing costs. Who knows and at this point it does not matter.

Enjoy the holidays and never look back!

Don't talk to the buyer anymore, just refer all questions to her agent. At least you got it sold and now she has to pay for it. Hugs and good luck on your new home.

It's done now, so try and move on.

We closed on Monday. Our buyers did something very similar, only to the tune of 25K the night before closing. We weren't about to give in, though, and they ended up delaying closing for 4 days in order to come up with the money.

I've learned that no deal is finished until the funds are in your hands. Until then, expect the unexpected.

Good luck on your brand new home.

Wow! This is unbelievable to me so I am glad I read this and will not pop the cork until the money is in my bank account. Hopefully I will get that chance at some point really soon but no prospects presently... boo hoo.

patty_cakes - what hell she put you through. It makes you wonder about who was really controlling in that relationship...

It's hard not to feel angry when you've been jerked around. But I'm glad you were able to finally close and move on with your life! Close this chapter and open up to the new adventures that lie ahead.

Wow, I'm so sorry for all the stress your buyer put you through at the end. I was a wreck up until my lawyer called me on closing day to say the wire with the buyer's mortgage money had gone through. In terms of recourse if it hadn't gone through, I think you most likely would've been able to keep the deposit money she put down. That's how it works in my state--if the buyer backs out after all contingincies are satisfied (inspections, financing) then they forfeit the deposit.

When I first started posting on this board someone flamed the heck out of me for being concerned that my buyer was putting down an extremely low deposit (said it was none of my business, that I shouldn't even know how much they were putting down--what??!!). Anyway, your situation just illustrates why I was concerned. If a buyer can walk at the last minute because of a change of heart, I'd at least want some sort of restitution--in the form of a forfeited deposit.

Hope you can move beyond the stress and have a happy holiday.

Ohhh Patty_Cakes,
I feel your pain. My buyer was just as looney and emotionally unstable. She disappeared for 2 weeks while we were under contract. She quit her job while her loan was being approved so the whole loan had to be restructured. Because I needed to close on my house, I lost the first house I wanted. I ended up GIVING her an extra 3K just to close. And you know what Patty_Cakes, life ain't fair, but I'm sooo glad its OVER.

Look forward to your new build and don't leave a forwarding # for this chick.

Be happy you closed. Sounds like she was making you miserable. We lost our first buyer one week before closing, didn't keep the escrow $ and went thru a couple more months of showings. Dropped the price, much to my neighbors chagrin, but at that point I was more worried about getting out. Two house payments while retired would have really hurt!
Kathy G in MI

This is a really effective but very unethical strategy.

It would have been a losing proposition for you any way you slice it:

* "let" her go and not close: $$$ to market the house again + carrying costs. More than the $4000.

* sue her: $$$$$$ in attorney costs, aggravation, carrying costs, $$$ to market the house again. MUCH more than the $4000.

You buyer is a total lowlife. And all her whiny stories - that's just an act.

My advice: Really, just let it go. Those $4000 aren't worth the anger. It's barely $10/day for a year. Just forget about it - Karma will come back and haunt your buyer in one way or another.

It's a sad comment on society -- a buyer's market brings out the worst in buyers, just as when it was a seller's market it brought out the worst in sellers. It's unfortunate that your buyer could not complete the deal ethically and resorted to such unethical tactics. All you can do is be happy you closed and move on and like others mentioned above, Karma is indeed a b@@ch and will come back to bite your buyer in the behind.

Oh Pattycakes!!!!! What a freakin' nightmare. I'm glad you finally closed, but that's just unconscionable. I've more and more of these "shakedown" things. What the heck is a seller supposed to do other than pay up? UGH that makes me mad.

The only solace is that they actually closed.

Try to have a Merry Christmas anyway, and try to lose yourself in the new home planning!

The world is full of jerks...both in a seller's & a buyer's market. Looks like you had the unfortunate experience of finding one. :(

I'm glad your sale closed & it's all behind you. Please don't allow this 'bad apple' to now also upset your whole 'apple cart'. Let it go. Don't fester. Don't stew. Anger is an energizing emotion. Each of us only has so much energy. Don't waste yours being angry at your buyer. You've got so much to look forward towards...

Congratulations on your sale...remember, you are still one of the lucky ones in San Diego who has actually sold!

Merry Christmas!

/tricia

Oh my goodness pattycakes - you must have been having a melt down - I know I would have been!

I have so far not had this happen during any of my transactions. I really hope it doesn't start, it seems so sleezy - especially waiting until you move your furniture out. Makes it seems planned.

What is a PUD? This isn't a term I have heard before?

PUD = Planned Unit Development

How does a PUD differ from a condo?

Go to the gym and work out all your anger adrenaline, and then have a happy holiday. Forget it and think about your new house.

Living well is the best revenge!

I'm glad to hear it worked out in the end.
I always say, don't count as sold until you have pushed away from the closing table AND the wire transfer is in your bank account.
It is also a good reminder not to tell anyone about your future plans or your situation.
When I sold my last house, the buyer had an absurd laundry list from the inspection. She and I could not reach an agreement because I knew she was attempting to discount the sale. What she did not know was that the house was paid for and my carrying costs were very low. She banked on me not wanting to,lose the sale. She guessed wrong about my position.
I gladly let her walk away and pocketed (the very small) deposit.
She was back inside a week, saying she "just got scared".
This was BS, I saw that she owned several properties in town and had her appraisers license!
I hate liars.
Definitely - close the book on this one and continue to look forward to your new home build!

Pattycakes, Be glad that the nightmare is over.

Celebrate! It's all behind you.

I went through hell selling my house this time. My first set of buyers backed out just as the Winter was setting in (Oct 2006). The buyers dried up due to the time (Winter in the NE)& the MEDIA scare about RE falling...There were other stories. I should write a book about my adventures selling my house.

My second set of buyers were trying to back out, also. It was unbelievable. If they didn't luck out & sell their starter home in ONE weekend at 50k above the comps (we sold them our house for 50k BELOW comps!)they probably would have walked away from our contract. They tried to renegotiate the price as the second half of the ernest money was due or they wanted to walk. I totally understand your anger.

Many, many people were/are in our shoes. The backing out was/is an epidemic this time around. I think that stronger RE contract laws are in order for people like us, who get put through the wringer. Whoever is NOT performing needs to be fined, with the wronged party keeping the money. That ought to teach buyers to not to play with peoples' lives.

It's not worth to stew in it. Let it go & enjoy the holidays ;)

Wow, so sorry this happened to you, but am glad it's OVER. I, too, don't think you have any recourse since everything has been signed.

By the way, what is a PUD?

Here is what wikipedia says.

Here is a link that might be useful: Planned Unit Development

I am sorry this happened to you. Nobody needs that much stress, but I honestly don't think you were "played", "jerked around" or had by someone intentionally unethical or underhanded. She needed someone to take her by the hand and tell her she was not in a fit state to make important decisions. Her kids should have done it and if not them her agent should have done it. A divorce can leave a person as shell-shocked as the death of a spouse. Would you expect someone whose husband had just died of cancer to make well thought out and logical decisions? I think you're lucky she went forward on the contract and it is off your plate.

Patty, since you are the one suffering I understand why you are mad, but for the rest of us who are distant from the problem, I think we need to spare a little of the sympathy for Patti for this lady you are cutting up.

devorah, you are kidding ,right? I may, and repeat may, have felt some sympathy for this woman, if the issue came early in the process..But not the night before...There is almost no excuse for this behavior...

Thank god I have you guys to vent to, as well as my kids!LOL My DD visiting from Austin answered my cell on the day of 'the event', and I heard her tell her brother, 'Mom's having a meltdown. The 'crazy lady' who bought her condo bailed'. She said it so nochalantly if I hadn't cried for an hour already, it would have got me started. Thinking back it makes me laugh!

So the check went into the family trust to collect a little more money over the next 6 months while the house will be built. The extra money I had to unexpectly dish out is already a fleeting memory, as is the loonie tunes buyer. I went over last night to drop my keys off and almost ran into her face-to-face. I was pulling out into the street when her agent called me, and said they were coming to the condo. Just as I was making the turn out, agent and buyer were turing in. I swear to God if I would have been inside, heaven only knows what I might have done or said.

Devorah, believe it or not, I said a prayer for her the evening this all happened. I asked God to help her during what must be troubled times. I didn't even say a prayer that things would turn out for ME! Somewhere along the line I realized she was emotionally a little off balance. I don't know if her family talked to her, or if she talked to an attorney.

There IS still a small part of me that wonders if she was 'coached' by someone and this was a plan she knew was going to be put into action. If so, you're right jrldh and cordovanmom, karma IS a b****!

HAPPY HOLIDAYS everyone! ;o)

Trish, sorry this happened, but I'm glad this worked out. You really had me in the beginning.. wow, did I have some choice words for her. How someone could do something like this is beyond me and yes, karma will get them eventually.

When we were selling this house the last time, I had about 50 roses at the time, which I brought to my dad's house to over winter in his vegetable garden over an hour away. Spring comes, there's a week left on the contract, I go and dig them up, bring them back and have a handful to plant when the agent calls to bring a lady through. She made an offer.

I start digging the roses back out, staggering them as they were now blooming. Wasn't a quick closing, over 30 days. I remember telling her that I need to know if she is serious as there are roses in the ground that I can't buy any more and that if I dig them again I might lose them. She yeses me to death.

So I dig the last few roses, wouldn't you know she says the roof needs replacing. Hubby was giving her a large sum for the closing, offered 1/2 for the roof, she said no. Ended up killing the deal.. as well as every rose that I couldn't buy any more. I used to cry. I'm thankful we didn't move out, nor did we put a deposit on something, and in the end it worked out. We got 5 years on that bad roof.

I don't know if she was really trying to get you lower or if she really was scared. I'm sure her agent knew you had other offers you refused, why she didn't originally offer what she was comfortable with, who knows? I do know what it's like to be divorced, but why she didn't move in with one of her kids until she could mellow out is beyond me.

To say i'm still angry about this whole ordeal is an understatement! At this point, is there any legal recourse for the hell she put me thru, even though she did end up buying? What recourse *would* I have had if the deal would have fallen thru?

I was at a mall 2 weeks ago, in one of the "teenage" stores there was a little voo-doo dolls. I almost picked one up. Wish I could remember which store it was.

A divorce can leave a person as shell-shocked as the death of a spouse. Would you expect someone whose husband had just died of cancer to make well thought out and logical decisions? I think you're lucky she went forward on the contract and it is off your plate.

Recently happened to someone I know. Lost the hubby to cancer, decided to put the house up for sale a year later. Pretty much the same thing happened to her, except worst. Thankfully the sale stopped, another offer magically appeared which was over $20,000 (IIRC) more then the other.

HAPPY HOLIDAYS everyone

Merry Christmas Trish. I'm glad it worked out for you. Time to get really excited about the new house! Have they started it yet?

I'll have to get pictures up of ours. We were there last weekend & have a roof, windows, doors, most of the plumbing, electric were done, even have tubs. My jacuzzi is already in our bathroom. They told us it might be ready in January so I was nervous, it's looking like March now. Hubby will start working again next week.. it will be exactly 2 months after his accident, but he's doing good and is almost able to move his fractured shoulder all of the way.

This gives us another 6 weeks to hang tight before we do what we need to do to sell as it wouldn't be worth selling / moving / renting. You can be sure I'll be asking to borrow your selling dust!

Merry Christmas everyone

Somewhere there was an article/post regaring this same scenerio. I guess the down payment is not something that can be held if a buyer backs out. Maybe it depends on the state you live in. I thought that a down payment/earnest money was a payment to guarantee that a buyer would buy if the inspection went through, and a loan was granted. Appears that is not the case. I will be signing papers next week to sell my house- I will be in my condo in the south while this house is for sale. I do not want to go through the same thing you went through- I will have some sort of papers drawn up covering the fact that I will do absolutely nothing as far as moving my household until final papers are signed! I am so sorry you went through this- I am sure many people pull this stunt, and the seller about has a mental breakdown. The selling realtor should have some ideas to cover a seller from this sort of schmuck. Hope you can breath easier now.

Awwwww, and what a merry Christmas it WAS! Hope everyone had a wonderful holiday, it wasn't too God-awful cold/snowy in your area, and Santa brough you lots of goodies. If you're still trying to sell, may a heavy sprinkling of fairy dust, and not snow, land on your roof tonight! Life is *still* good, even after the craziness of Christams.

I've already made my reservation for Austin~leave Jan. 23~ to 'consort' with the builder about all the changes to the house plan. They've all been approved, and I still didn't go over the budget I had planned. Now I just have to get on the websites they sent me to select my furniture style vanities and oiled bronze plumbing fixtures. Christmas ain't over yet! ;o)

Ohh pattycakes!!! I'm so sorry you were bamboozled! Our closing went through seamlessly and the buyer is thrilled with the house in Tucson. I'm in Minneapolis and just found a house the other day.

I'm glad you finally closed even though it cost a bit more. Tough pill to swallow!

I will post an update about our house selling/buying journey as I haven't been online in a looong time.

patty--your house closed and you can move on.I don't know that you were tricked. The buyer may really have been worried about affording a house without a husband. The attorney may have told her to go ahead and go through with it, if she could get some concession. That made her feel good and you got the house sold. In Socal lots of houses are dropping out of escrow. Be glad yours wasn't one of them, because next year will be worse and you might have had to drop your price in 2 months anyway.
Be sure that you don't give money to the builder without carefully checking to be sure he is not in financial trouble. Its not hard to find out if he has homes built that are not sold. Those have payments he has to make.

Marge, i'm building in a development in Austin, and the builder is very highly rated~4th in the state of Texas. So far everything is going wwll. They've already put in some of the stakes and there's a hill of dirt. LOL