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Red Flags from Seller |
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We live in CO and went to Oceanside, CA to look for a house. Found one and put down $5000 earnest money. The house was for sale by owner, but owner's brother (real estate banker/agent not associated with broker) was "facilitating" the deal. We came back to CO and proceeded to work on mortgage (pre-qualified prior to offer). We have great credit, etc....
As process went forward, we kept getting "red flags" from seller side. The final blow was a disclosure from HOA that add on sun room had encroached onto common area, which per the HOA representative, both owner and brother were aware of just months before when house was in escrow before. You know where this is going, we canceled purchase with title company, with justification, and now seller is refusing to return earnest money. Besides small claim court, what other avenues do we have against the owner and "brother" agent to recup these funds?
Thank you
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At least three places to complain: to the Oceanside Realtor association, if that agent is a member. To the California Department of Real Estate, which administers licenses. ANd finally, to small claims court. Before doing that, I'd take all the documents to a real estate lawyer for advice about how to present my case. |
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Edith
Originally published on February 5, 2010 |
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