UGH! It's a long tale. Basically last Nov. we bid on a great house 8 miles from our country home. We weren't planning on moving, so we took a month or so to get the home up to speed to list it. It was lsited for almost 6 months before we received an offer from a couple moving from the neighboring state. They wanted to purchase the home, but needed to rent until they sold their own home. We reluctantly agreed and added a 6 month time frame to keep it from being open ended. We also asked for no pets because we were not making them sign a real renters type contract and we were concerned about possible damage. It seemed a perfect solution for us all. (We got asking price, rent money for a while, they got a place to stay and didn't need to rent a short term rental, etc.) We move out quickly and they move in mid-July.

Now, fast forward to the end of Sept. My daughter (11 yo) tells us that the "renters" have purchased another home down the street from our current place. We ask around and they confirm that they are unhappy in our home, can't afford it, etc. (It is only $17,000 more than the one they are buying! Geesh! And we have well water, so that savings alone covers the mortgage difference. We have expensive water here!) WHAT? How can this happen when we have a LEGAL contract? We call lawyers, realtors, etc. We send them a letter and remind them of our contract and our eagerness to close soon. Finally, after no response from them, we see a huge dog and several cats there. We have to ask them to leave after a couple of months. (We were advised to evict them in Sept., but we waited until Nov.)

They are out, but refuse to bring our keys, etc. We saw a lawyer yesterday and he told us we may be able to sue them for the difference when we receive another offer. MAYBE.... He pretty much advised us to have them sign off the contract before it expires in Jan. and we agree not to sue them. (That way we can list it sooner). We know they have damaged the outside and have not seen the inside yet. I am sick over this and am shocked how people can behave. They think they helped us by paying rent for 4 months, but every month we delayed closing..it cost me hundreds in carrying costs on a home extension loan for a down payment here. They are jeopardizing my fmaily's future here. We figure when we re-list (because of the time of year and the market) we will lose about $7000-10000! UGH!

Now we are listing the home empty (which we tried to avoid. We delayed our move here by a few months just to avoid that) and in the winter in a bad market. Christmas is looking bleak. I am stressed and broke. Every day is consumed by this. I need a light. (Last year someone mentioned having a home on the market for 13 months. I thought that was a long time. If I could wrap this up in 13 months, we would be done next month. We are looking at at least 18 months I bet.) I have a few physical problems that are worse with stress, so this doesn't help.

SORRY so long... I just needed an ear. THANKS!

Sorry your going through all this .Sounds like a nightmare I will never experience cause all we could ever afford is renting.Right now we are renting from a family who is trying to sell the house we are living in.They weren't selling it when we first moved in but since then they moved out of state and decided to sell the house.That was over a year ago,and about 20 different realators or whatever the people who are called that show the house to people.We always pay our rent on time and take care of the place but nobody wants to buy it.I honestly think it will never be sold and we'll probably be here forever paying rent so in the long run he will get more money renting it to us than he will if he ever sells it.

__________________

Take Legal action to have the buyers pay for the difference should you encounter a loss trying to re-sell. You can also sue them for the cost of extending the mortages. Also have your broker work on it as well. Thats why you are paying them after all.

Thanks...we are trying all that. It appears that the 6 month time frame we added for our benefit may work against us. They seem to be delaying the closing on their original property and then the contract is void. Ugh... Our broker may be out of the picture. Our contract with her was over when we signed this contract. We were on the fence about re-listing with her then and are fairly sure we won't work with her now. She doesn't want to give the other couple "legal" advice, so she isn't doing much on that end. I didn't want to cut her out, but she isn't getting the job done and we need to try to cut our losses.

I appreciate the advice. The good news is that DH went out there today and it looks fairly good. We do need to do some carpettng it appears and a few other things. I hope that is all it takes to get it sold.

I don't see how the contract gets void. but in either case, you keep their deposit, and the buyers get sued for breach of contract.

If thats not what the attorney is telling you, get another.

In our case, because we added the stimulation that we wanted the contract to have a set "re-evaluation" point, we added that 6 month time frame. IF they haven't sold their other home in that time, they can't close with us and the contract is over. We had figured that if they hadn't sold in 6 months, we would extend it. BUT that is their out. Our lawyer is telling us that (as have 3 others that we talked to previously). IF they could close within the 6 months, the contract is breeched. If not, it's over. I only added that 6 months as a protection for US and it is helping them. If they sell their home (in the other state) in the next 6 weeks, we have something. Otherwise, it's over. UGH! It is really unusal and complicated. We live a near a city of 50,000 people and it is the "hub" for about 9 counties. There are 2 real estate lawyers in the area (ours and one other). Ours hasn't had a case similar to this the last 2 years. It just doesn't usually happen, but we found the buyers without scruples.

jasmom -
I can offer no advice for you other than to look into your legal rights, but I wanted to say I am so sorry this is happening to you. No one needs this stress.

We owned 2 rental houses at one time and it was a nightmare. Ended up having to evict one set of tenants because they wouldn't pay us - they actually had more rights than we had even though the house is ours. Turned very nasty with lawyers and the sherrif having to come out. The other tenants abandoned my house and left it open. Thanks goodness for neighbors who care. At the time we lived 1500 miles away and had no idea.

Will be sending good thoughts your way and hoping this works out quickly for your family.

__________________
Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind. ~Dr. Seuss

Unfortunately, your realtor did you a disservice when he/she allowed this sort of agreement. This often happens went "renting" happens before escrow closing. The people get in and start finding things they don't like, etc. and change their minds. I am sorry this happened to you. I guess the best you can do now is chalk it up to lessons learned if you find out you have no legal recourse.


Marie

Do you mean empty, like no furniture in the home? If so, that is not necessarily a bad thing.

__________________
@@@
l/ l/ l/
Dont go through life,
GROW through life

Real eyes...realize...real lies.

that is just horrible! We sold our last a little over a year ago and I"ll tell you, it was hell (especially with 2 kids under 6).

It sounds like you are doing all you can legally. I woudl defintly pursue that. Once the tenants are out, you might want to bring over some of your home furniture to "stage" it. Around here at least, homes don't sell empty for very much $$$

__________________
Proud to say I haven't shopped at a Wal-Mart since Sept 2003

Thanks...It's true around here too. First, every flaw shows and the rooms are hard to picutre. I think they seem small. I like to see other's ideas. AND I think empty screams desperate.

I think the legal avenue is over. We contacted the realtor of their other home and it is no longer sale pending. so I doubt they can close in the next 6 weeks. Sigh...it stinks. Trying to protect my family is costing us. We should have never added that 6 month time. That one sentence is their perfect out. Looks like we won't even get the earnest money back because the contract will expire.

We did get the garage door openers back today. I guess we start cleaning it up.....

Wow really? In my homebuying experience, I liked the empty house (that's what we ended up buying). It helped me because it was an empty slate. Going into homes w/ furniture just seemed a little personal and frankly some homes were cluttery so it was sometimes hard to see past that.

Anyway, I thought the idea of staging a home was good. I understand there are some companies that will actually do it for you; bringing the furniture and accesories, putting them in place and of course moving it out.

I can see why you'd be frustrated and in a way feel betrayed. Hopefully you'll get an even better offer than what was proposed in the original agreement.

__________________
@@@
l/ l/ l/
Dont go through life,
GROW through life

Real eyes...realize...real lies.

Thanks...we are in a pretty low priced market. We originally received asking price. This time of year, in this market, our asking price will be lower. We are in the hole off the bat. We project we will lose about 5% off our original asking price. (Actually we are hoping that's all it is!) We live in a small town, so no one to stage around here, but I plan to do all I can with what we have. Those of you in other areas of the country would be shocked at the prices here I'm sure. We have 1700 sq. ft, 4 bedrooms, 1 3/4 baths, 2 car garage, half an acre, home built in '93. No real repairs needed. Even when we re-paint and carpet, etc..... we will be lucky to get $110,000. Our best chance to re-coup any losses will be to try to sell it on our own.

Thanks everyone for your words. I definetly feel betrayed. They stayed in MY home...used it, abused and now will be able to skate away. I am left with financial losses, the upheaval and repairs. It is affecting my children (the stress, the finances, etc). It appears that we will have no re-course at all because they haven't sold their other home and with 6 weeks left, it appears they won't sell it.

According to the 4 realtors and 4 lawyers we have spoken to, these things usually work out fine. It wasn't a complicated lease to own or land contract. We were just the exception. Sigh....figures!