I am being Sued.....ARG
By sanell
@sanell (2112)
United States
September 13, 2007 1:19pm CST
So, you will nt believe this story but. We sold a house and it was on a lake. Okay so the house was originally built in 1951 and was done a complete remodel in 1986. We moved into it in 2004. All appliances and everything were existing from 1986. We knew that the appliances were old but we were okay with them. We decided we needed to move, so in 2006 we put the house up on the market. A couple wanted us to go around their own agent and ours to make a final sale. we ignored their requests. Then, they did have their agent send a bid to us. We countered and never heard back. We took the house off the market and not less than a week later their agent called us back saying they still wanted to negotiate. We brought our agent back in only because we did not want to get into trouble and the fact that the original offer was brought in BY our agent while he was there selling our house.
It was a tricky situation, we were very unsure of selling at that time but we knew we had to get out of the house.
Well, it was AS IS. THey wanted us to do all ths repair work for the small amount of money they were offering and we said "NO, AS IS TAKE IT OR LEAVE IT" well they took it.
NOW they are trying to get money back from US because they could not get the commission from OUR agent to them. They went after our agency to get paid for all sorts of repair work, our agency wrote back saying that this was not something they could recoup for as the contract stated AS IS.
now they are suing US for the maximum in small claims court.
even THEIR agent does not understand and he gave up $5100 of his own commissions plus another $800 to have them hire a cleaning crew to come in for 2 days....They felt we did not clean well enough when we left the house...HELLO? What is wrong with these people. We were not Renting the house from them. We cleaned to the best of our ability and so what it was not to their satisfaction, so it is their house, they clean it put things in it the way they want Contract stated AS IS.
Their were noticable wear and tear on the house, we never did any upgrading to the house other than a new carpet in the stairs and hallway, we did not update the carpet in the master bedroom. They are complaining of stains on the carpet in the master bedroom....They want a new house, but our house is NOT NEW!! Even when the remodel was done, it was shoddy work...did we go back to the previous owners and sue them for the fact that the house was CRAP? No because we bought it for the value of it being on the lake, and being the size it was for our needs. It is an OLD HOUSE and it was not modernized for our benefit.....we were to do that ourselves if we wanted to.
So now they are suing I am just beside myself, I am so glad that all the agents are seeing that they are confused as well...it is annoying as all get out!!
1 person likes this
2 responses
@ravinskye (8237)
• United States
13 Sep 07
Wow thats something. Its unbelievable what some people will try to get away with. Well, I wouldn't worry too much. The contract says AS IS, so they really have no case. I would get something from their agent saying he gave them some of his own money to clean. I would be shocked if they won. Let me know how it goes.
1 person likes this
@sanell (2112)
• United States
22 Sep 07
Thanks, I tell you I am so furious and scared at the same time. My FIL has a friend who is an attorney and we can countersue if we want to, I am not sure if that is the best way to go but I feel like we should in order to keep any sort of "Owing money" to them, maybe he would just dismiss both cases.
@alstaxidermy (269)
• United States
13 Sep 07
Good luck, hopefully you guys will have all of the proof you need to win in court!! People are just law suit happy in general these days!! My sister is in realestate and some of the drama she has seen go down makes this look minimal!! As long as they aren't claiming things like undisclosed toxic mold, you know, seriously dangerous stuff, then you should be okay from what I hear. Seriously, I think they planned this all along, may have even done it before, some people are just that way. Have faith that all will turn out well! and once again good luck!
@sanell (2112)
• United States
22 Sep 07
YEs, We do not have any of those serious issues, if we did there is no way we would have sold the house.
I was trying to see if maybe they have done this before because it seems awfully suspicious. Plus they are still trying to sell their home but the market is doing really bad right now so I am sure that they are partly worried about the money thing.


