Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Help. Closing day? (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/help-closing-day-350226/)

Aces4 05-23-2024 04:53 PM

I think you are standing on quicksand and you know it. I'm very sorry to hear of your husband's severe health issues and I hope he has a recovery.

The issues... it appears you are totally unfamiliar with handling closings or home purchases and you should have contacted a real estate attorney immediately when your husband was stricken. Along with indoor leaks and poorly operating AC, I question as to whether a termite maintenance contract is in effect or if that is also an issue.

Good luck if you close on this property. You'll know shortly if you've purchased a real lemon or a workable house.

retiredguy123 05-23-2024 05:01 PM

Again, my recommendation is to hire an attorney with the goal to cancel the sale, get your deposit refunded, and DO NOT sign any closing documents.

margaretmattson 05-23-2024 05:25 PM

Quote:

Originally Posted by retiredguy123 (Post 2334240)
Again, my recommendation is to hire an attorney with the goal to cancel the sale, get your deposit refunded, and DO NOT sign any closing documents.

Agree. At this point, it seems you are over your head. How is your husband going to sign the closing papers? And, is he in the mental capacity to do so? You need a lawyer ASAP. I suggest Dean& Dean, llp.

Kelevision 05-24-2024 03:17 AM

Quote:

Originally Posted by frayedends (Post 2334089)
I was pretty clear in my last post and described exactly what a troll is and exactly why I suspected the Op was a troll. I’ve been around forums long enough to know what a troll is.

Also in this thread she stated inspection 3 weeks ago was fine. But she also said 3 weeks ago she was backing out due to water issue at inspection. She posted 3 different threads on that.

I even gave you the definition and you still don’t understand that you’re the troll in this situation. And now I’m trolling you. The OP, not a troll, only a person asking questions and maybe doesn’t quite understand this site. She thinks this is somehow a helpful site but in reality it’s literally the same 20 or so people leaving rude comments ( trolling) people asking questions. Questions aren’t trolls. Trolls respond to questions…. You really need to brush up on your social media terminology.

SoCalGal 05-24-2024 10:18 AM

Quote:

Originally Posted by retiredguy123 (Post 2334235)
The seller's agent is licensed by the state and has an obligation to treat the buyer in a fair and fiduciary manner, even if they don't represent the buyer.

False. The seller's agent does not have a fiduciary duty to the buyer if they are not representing the buyer.

A seller's agent, also known as the listing agent, has a fiduciary duty solely to the seller they represent. This means they must act in the best interests of the seller, provide full disclosure, maintain confidentiality, and promote and protect the seller's interests above all others.

The seller's agent owes the buyer only a limited "standard of care" or obligation to treat them honestly, but does not have the higher fiduciary duty that would require putting the buyer's interests first.

If the seller's agent is also representing the buyer in a dual agency situation, then they would have fiduciary duties to both parties. However, this dual representation creates inherent conflicts of interest. Many advise against dual agency and recommend that buyers and sellers have their own dedicated agents to fully represent their respective interests.

retiredguy123 05-24-2024 11:07 AM

Quote:

Originally Posted by SoCalGal (Post 2334416)
False. The seller's agent does not have a fiduciary duty to the buyer if they are not representing the buyer.

A seller's agent, also known as the listing agent, has a fiduciary duty solely to the seller they represent. This means they must act in the best interests of the seller, provide full disclosure, maintain confidentiality, and promote and protect the seller's interests above all others.

The seller's agent owes the buyer only a limited "standard of care" or obligation to treat them honestly, but does not have the higher fiduciary duty that would require putting the buyer's interests first.

If the seller's agent is also representing the buyer in a dual agency situation, then they would have fiduciary duties to both parties. However, this dual representation creates inherent conflicts of interest. Many advise against dual agency and recommend that buyers and sellers have their own dedicated agents to fully represent their respective interests.

Not false. We can quibble about the word "fiduciary" but a licensed agent must treat the buyer honestly and fairly and disclose pertinent information needed by the buyer to make informed decisions. If you read the 3 or 4 threads started by this OP, you can conclude that the seller's agent did not do this. According to the OP, the agent told the OP that, unless they signed an agreement to extend the inspection contingency period, they would lose their $10,000 deposit. That was not true. The agent does not have access to the earnest money because it is held in escrow by a third party. I do not believe that the OP knew that fact, and the agent did not disclose it. Also, the agent knew that the OP had a very sick husband and was under a lot of pressure. Nevertheless, the agent did everything possible to force the OP to complete the sale by continuing to threaten her with losing the earnest money. That is not the purpose of earnest money. Personally, I think the agent acted in a dishonest and unfair manner towards the OP, and possibly did not act in accordance with the Florida law of ethics for licensed agents.

Lea N 05-24-2024 11:13 AM

Quote:

Originally Posted by Heartnsoul (Post 2333786)
Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

I think you can walk away, but I'm not sure. If the A/C has been off for a while this could explain the roaches. Try calling a company who sprays for bugs and ask them about this.

frayedends 05-24-2024 11:13 AM

Quote:

Originally Posted by Kelevision (Post 2334279)
I even gave you the definition and you still don’t understand that you’re the troll in this situation. And now I’m trolling you. The OP, not a troll, only a person asking questions and maybe doesn’t quite understand this site. She thinks this is somehow a helpful site but in reality it’s literally the same 20 or so people leaving rude comments ( trolling) people asking questions. Questions aren’t trolls. Trolls respond to questions…. You really need to brush up on your social media terminology.

I've been active in forums for almost 20 years. I know what a troll is. Your definitions are examples and my definition is also an example. I stated my reason for thinking the OP was a troll. Maybe I'm wrong, but her posting history is questionable at the very least. Asking questions is one thing, even starting multiple threads on the same subject is something people new to forums often do. But this person has a long posting history, claims to have owned 3 or 4 homes in the Villages and disappears whenever people suggest she get a lawyer and never answers questions on if she has done so. As a matter of fact, once the final bits of advice on getting a lawyer come in, the OP disappears without updates. One of her last posts said she had an inspection 3 weeks ago and all was okay. But 3 weeks ago she had 3 threads saying that the inspection was a disaster.

And yes, all of that could be because of her unfortunate circumstances. Hopefully things improve for her.

Lea N 05-24-2024 11:15 AM

Quote:

Originally Posted by Heartnsoul (Post 2333839)
Not at all. Had inspection done 3 weeks ago. All was ok. Hubby had stroke meantime. Went to walk through today and Air didn't work. Tk u for kindness

I'm sorry that your husband had a stroke. My thoughts and prayers are with you both for quick healing.

OrangeBlossomBaby 05-24-2024 09:41 PM

April 2021: hubby just had a stroke.
May 2023: hubby just had a heart attack AND they're moving.
May 2024: hubby just had a stroke AND they're moving.

In the past couple of years she's known her husband has serious health problems. She's also "experienced" health issues herself as of a few years ago. Yet they have enough energy and physical capability to deal with the stress of moving, having rooms and windows added to homes, having a couple of pools built in different homes...

But she doesn't know how to acquire moving boxes, and doesn't know how to find a lawyer.

Something isn't adding up here.

bopat 05-25-2024 10:23 AM

I'd negotiate with the seller. They have to fix the AC anyway. Most reputable places around here can do a complete AC replacement in half a day. As for the roaches, get in touch with a good pest control service, they take care of that stuff pretty quickly.

asianthree 05-25-2024 02:24 PM

Quote:

Originally Posted by OrangeBlossomBaby (Post 2334537)
April 2021: hubby just had a stroke.
May 2023: hubby just had a heart attack AND they're moving.
May 2024: hubby just had a stroke AND they're moving.

In the past couple of years she's known her husband has serious health problems. She's also "experienced" health issues herself as of a few years ago. Yet they have enough energy and physical capability to deal with the stress of moving, having rooms and windows added to homes, having a couple of pools built in different homes...

But she doesn't know how to acquire moving boxes, and doesn't know how to find a lawyer.

Something isn't adding up here.

You just described my parents:

Dad small stroke just after build of second house with a pool
2 years later mild heart issues week of closing on third house.
Dad decided best to downsize, Dad had a TIA, 3 days prior to sale.

It wasn’t until he died that I realized my Mom had zero input into any decisions. My Dad had all those issues, in his German weird upbringing the spouse never allowed to make any decisions, own car, have a job.

She never had any input on buying, selling or moving. We were not allowed to help or offer any opinions

I was so taken back when I found nothing was in my moms name or even listed my mom. Not utility bills, mortgages, cars, or the deed to the house. Had never written a check, or any knowledge of banking, investments or debt.

She would be just like OP, no idea how to close on a house, if there was problem, hire a lawyer, who to contact to help downsize, and pack.

I thank my grandparents, helped us, stand on own feet, let us make major decisions.

Even if it caused great issues with Dad, who then disowned us, because we decided all by ourselves, without his permission

MikeVillages 05-25-2024 02:34 PM

Did you have a home inspections?

4$ALE 05-25-2024 03:52 PM

Quote:

Originally Posted by MikeVillages (Post 2334676)
Did you have a home inspections?

:read: PONDBOY asked several days and 85 posts ago......:rolleyes:

Heartnsoul 05-25-2024 06:44 PM

Tk u very much but we closed and AC was finally fixed. Husband in hospital, transported to Shands so I don't have time to come on here alot, read every post and respond. Tk u for your kindness


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