(1).png){kind=small}
.png){kind=small}
.png){kind=small}
Hallelujah and Good Riddance! A Rockport real estate nightmare…
The nightmare of our attempt to purchase a house is now blessedly over, thanks to some very good luck for us and a very selfish owner nearly going into breach of contract on the sale of his house (the one above). I first mentioned the mess in this post, and asked you to think “desired outcome” and “Hope.” Read on to see why!
We will be buying a house and moving by mid-February, no thanks to the owner of this house who was quite happy to refuse to honor his word and signature on the sale contract and apparently quite happy to force a family, who had sold their house ONLY so they could buy his (and weren’t otherwise planning on moving), into homelessness in a Maine winter because of his contemptible selfishness. Can you tell I’m ticked? I am SO not a vindicitive person, but what this man has put us through the past four months is beyond the pale.
We are happy to report that we will NOT be buying this house, on which we placed a contract in September and did everything by the rules and actually really wanted the house at first…until we got so fed up with the absolutely unconscionable and unethical (if not illegal, but I’m not a lawyer so can’t say for sure) actions of the owner. If you know of anyone who is looking for a house in Rockport, Maine, and they see this one, have them e-mail me. I’ll be happy to provide more information not-on-the-internet! The petulant bully of an owner will never see a penny from us, and all his own fault!
Before I get into the nitty gritty, I want to say that our real estate agent, the listing agent for the seller, and the owner of Camden Real Estate (the two agents work for CRE) have all been fabulous and supportive; though we have had minimal dealings (as is appropriate) with the listing agent, she was great too.
Here’s the lengthy sequence of events, if you want the gory details. I am sharing them so that potential buyers (and realtors) can protect themselves in the unlikely event there is some other person in the US who would behave as badly. What I discovered is that most of the boilerplate in the Real Estate contracts protects the Seller on the not-unreasonable assumption that a seller actually wants to sell their house, but does precious little to assure that the Buyer is protected from unscrupulous sellers.
In August hubby by utter random chance saw a house listing in the online newspaper for what looked like a dream house and price for us. It wasn’t, but that led to us finding a different house–the one in the photo– that we thought WAS the dream house—high end builder, a little small, but with a view and due to the economy a price we could manage.
In September, we made an offer just above assessed value, as that is about where things are selling now in this area–that was about 5 percent below asking price; owner said full price or no deal. Figuring properties like this (awesome view but in our price range) are exceedingly rare–usually the really rich people get these lots and build McMansions–and that the economy is turning around and values will go back up, we agreed to a full-price offer which was accepted.
Mid-September: While we are finalizing the contract to purchase this house, we get our house ready to list. Our current house (well, at the moment we are tenants!) got lots of views the first week, including several with serious interest. It is on the market TWELVE DAYS before we have a signed deal in early October.
Early to mid October: That’s when the trouble began. Owner of the “new” house we wanted balks despite the fact that he has THREE MONTHS until he needs to move out…he wanted to stay in his house until JUNE 2011! (reportedly because he does not want to take his kids…ages 3 and 5…out of school!!!!) and when he discovers he’ll need to move in early January because closing will be either December 28 or January 5th, he starts throwing up road blocks. It has been a nightmare of contrariness and attorneys ever since.
The day after the owner is informed about closing in late December/early January, his second wife telephones (we were luckily out and she left a message) “to chat.” Right. Then we get an e-mail in which the wife purports to be friendly. Yeah right. Please bear in mind that neither seller nor wife know anything about my business other than what they saw on this blog, and most of the statements about my business in the e-mail are gross inaccuracies or downright false assumptions. Here’s what she wrote:
I wanted to give you a heads up about an email that my husband sent to Xxxxx (the listing agent) a few minutes ago. We aren’t sure whether you are aware of the following. Thanks!
“Hi Xxxxx,
You might remind Sarah Smith that she may not run a business from a home in Tolman Park. I believe you will find that written in the phase 3 covenant, paragraph 10. I am aware of Sarah’s business because we have seen her blog.
You might remind the Smiths. I just verified the business angle with the president of the Tolman Park Association board of directors, and she let me know it would not be allowed to run a business out of my home because it will involve extra car traffic. It would not be allowed to have a show room or ship goods from a business inside Tolman Park.
I also want to warn the Smiths that association dues do not cover plowing the drive way. It will cost at least $200.00 per storm to plow my road and likely more. I will be taking my plow with me along with all my fire wood.
If the Smiths plan on using the wood stove effectively they will need to buy around two and a half chords of seasoned dry hard wood. Mine is seasoned for two years before I bring it in to dry. If the house is heated using propane alone, it will cost plenty for propane, likely 3K more.
Attached find the pdf of phase 3 covenants.”
I would be happy to email you the PDF if you would it as sent in the email to Xxxxx (listing agent). Please just email me your email address. Thanks!
I promptly located and spoke with the President of the Owner’s association, explained there were inaccuracies in how the owner represented my business, explained what REALLY happens, and she said “Oh of course that’s fine!” And we are eminently smart enough to read and understand the Association rules and what the dues do and do not cover! The man is…well….. you can draw your own conclusions.
Friday, October 8: we arrange to have the house inspected on the following Tuesday. The owner REFUSES to allow us access! We had to hire an attorney to talk to his attorney and request said person inform the owner that he HAD to let us inspect under the contract. First attorney is suddenly out of the picture (we guess she told the owner what he had to do, and he didn’t want to hear it, so hired someone else). The second attorney must have told the owner the same thing. At first, the owner said we could inspect the house on the last possible day we had in which to do it. Our attorney had to protest that we had to get in sooner to do the radon and water tests. It took another 10-14 days, but we finally got to inspect the house, though not the outbuilding. The owner still refused to permit us to test for radon, which is quite common around here. If radon levels are too high, mitigation is easy but could cost about $2000.
Late October/early November: to get a mortgage, you have to have an appraiser from the mortgage company visit the house, including inside. The owner refuses to allow the appraiser on the property. HELLO? What about “must permit the buyer to do what they need to do” to buy the house does this nitwit (what I really want to call him is unsuitable to a public forum!) not understand? The owner finally says OK, but not until he is home, as he is in Alaska. The fact that his WIFE is at home appears not to help. Hello??? Appraisal is finally done with maybe 24 hours to spare in terms of the mortgage company’s timelines and requirements.
December: request owner agree to a “simultaneous closing” so we will own a house and have a legal right to evict him if need be and sign a rentback contract to confirm a date by which he will be out of the house. He refuses to respond. His attorney says first that he needs to be in the house until Jan. 22, then Jan. 28, then no more replies. In mid-month, sick of the utter lack of cooperation, we finally said fine, no rentback. Closing will be January 11th (the last day permitted under the Purchase and Sale contract) and he will be out or be in default. No reply from owner or his attorney. Can you say thoughtless, selfish, petulant bully? The owner, by the way, is from a well-known, wealthy New England family and is described by most as “independently wealthy, never worked a day in his life.” He is 48–not old, just …well…another one of those things I can’t call him here.
After discussions between the attorneys, our attorney suggests we ask the buyers of our house if they can extend OUR rentback two weeks. They can and do, but due to their timelines and move-out dates, can’t offer a day more. They are nice, reasonable, sane people!
December 24th: our attorney calls with an update about the latest lack of response from owner and his attorney. As I have several times over the past few months, when confronted with yet more petulance and obstinacy on the part of the owner, I check the real estate listings at about 2:30 p.m. to see if there are ANY viable alternatives to this moron’s house. (Cue thunderclap, flash of light and parting of the clouds!!!!!) This time (unlike every other time), THERE IS! There is a new listing…on the market only two weeks. It has more land, more square footage, we like the location better, and it costs less! We e-mail our agent that afternoon to see if there is any way we can see this house before we go to closing to sell our house on the 28th. Merry Christmas from all the gods and spirits and house karma!
December 25th: we all take a bit of a break from the nightmare.
December 26th: our agent calls / e-mails, and we can go see the new listing later THAT morning! We all meet there, and we love it! The new listing is a well-built lovely home, but doesn’t have as high-end finishes and isn’t as dramatic looking as the first house. But we VASTLY prefer where it is, it too has an unblockable great view, and has more than double the acreage. The studio for me needs to be finished, but with the savings in price we can do that–and I can make it “just right”! Best of all, the listing agent thinks the owners will agree to a closing that is in the first two weeks of February, meaning we don’t have to find a temporary rental and storage for a large house of stuff (meaning we are not out more big bucks!). Blessings to the new owners of this house, which make all this possible!
December 27th: we call our attorney and tell him that we now have a Plan B, which we actually prefer. This means we can play hardball with owner of the house above. He is out and we buy the house per the contract signed in September, or he is in material breach of contract. He is offered the right to walk away from the contract and both of us agree not to pursue legal action against one another (this is called a recission agreement). If he hadn’t done that, we were fully prepared to take him to court for all expenses, including temporary housing, storage, and so on. I’ve never had to take ANYone to court, and didn’t like the prospect, but his actions were just unconscionable.
We sold our house on Dec. 28 and have a rentback thanks to sane and reasonable buyers for our house. We still don’t know where we will be living in 6 weeks. We notified the seller as required under the contract, and he was still apparently willing to leave us without a home and refuse to honor his signature on the contract and move out of his house and sell it, as he had promised four months previously. To me, that is utter disregard for the contract and the law.
Last week of December: we work on a plan with the owners of the second house which means that if the owner of the first house defaults, we can buy their house. Still no word back from the selfish toad. We were still willing to go through with the purchase of the first house IF the owner vacated it on time, in full compliance with the contract.
January 5: our attorney calls and says the owner of the first house wants out of the contract and will sign the agreement to walk away from the contract. Except he doesn’t. Once again he seems to think he can just string things along and get away with whatever he wants because he is a rich, selfish xxxxx (can’t put that word, either). On the 6th, his attorney says he’ll sign on the 7th. On the 7th, he says the owner will sign on the 8th. On the 8th, the attorney says his client will sign on the 10th. Like I believe that!
January 6th: we receive a phone call from a former neighbor asking where we are going to move since the first house fell through. Hunh? How did he know that…neither we nor the realtors have breathed a word to anyone? Turns out he is friends with the owner of the first house. The (expletive omitted) appears to have sent his friend on a fishing expedition to find out what we are doing. None of his business. I politely decline to answer as “things are not settled.”
We are only putting this information out in public now that the owner was on the brink of breach of contract. All along (as the owner’s own attorney put it to one of the parties in this transaction) we have done everything right. As our attorney said way back in October, the courts do not look kindly on people who willingly sign a contract and then try to break it on purpose. Like this jerk. As I mentioned above, if you know anyone who is thinking of relocating to this area, they can write and I’ll share a few more details privately –like his name– so they can be forewarned!
Monday, January 10th: we schedule the walk-through due to lack of response. At 9:30 in the morning we get a call from the owner of Camden Real Estate: the recission agreement is finally signed by the seller! The contract for the purchase of the first house is now null and void and we can go forward with the other property!!! WOOOOHOOOOOOHOOOOOOOO!
WE ARE FREE!!!!!!!
Now, let’s all hope no one else will come close to offering what we did for that first house, that the owner has to wait forever for another offer, and that every realtor in the region is unwilling to touch him or his selfish money with a ninety foot pole. I believe in Karma. I believe that I don’t need to waste another second of my life on a man who is, frankly, a waste of the planet’s oxygen. Because Karma will come back on him.
But after telling our agent that, I realized, maybe GOOD karma came to us. That Christmas Eve gift of finding the Plan B house is the reward.
We will be out several thousand dollars, which for us a sizeable sum. The costs were the usual: inspection, septic inspection, mortgage application fee, appraisal, and the UNusual: lots of attorneys fees (they use attorneys instead of title companies for closing up here in Maine). The sad fact is that we are glad to be rid of this jerk even at that cost.
And thanks to any of you who managed to read all of this ranting blather! Can you tell I needed to get it out? I won’t tell you more about the Plan B house for a while, though, because the owner of the first house is sufficiently spiteful (and in my opinion, unbalanced), that we don’t know what he will do; the good news is that the Recission Agreement means he can’t change his mind (again) and try to sue us for not buying the house. Fortunately, they are moving to Alaska eventually, so they will be far, far away. My condolences to the population of the town the plan to call home. And for us….HOOORAY! All’s well that ends well!
Life will be good! And by the way…the new house, the one we WILL buy, is in the town of Hope! See? Think “Hope” worked!
January 11th, 2011 at 6:40 am
Oh my goodness – what an ordeal but hope saves.
January 11th, 2011 at 7:56 am
Holy moly, what a nightmare! I’m so happy that you got out of that AND found something wonderful.
Hugs. Hope this closing goes smoothly and without a hitch.
January 11th, 2011 at 8:21 am
Good gracious. It’s bad enough and stressful enough buying a home when everything goes right! I’m glad this nightmare is ending for you.I’m still beaming energies and light your way and hoping all goes smoothly.
January 11th, 2011 at 8:23 am
One door closes and another opens. POeople always feel their property is worth more than what it is. Glad you are moving to a better house.
January 11th, 2011 at 8:50 am
Oh Sarah, what a nightmare! It is obvious that this guy is NUTS. I guess some people just feel entitled to try to make others miserable. Good for you for standing up to him! I have to wonder if – had the sale gone through – you would have always had a bad feeling about the house because of this mess. So maybe it was better that the sale didn’t happen! May your “Hope House” bring you many happy times and wonderful memories:-)
January 11th, 2011 at 9:06 am
Major hooray! I do believe in Karma. Perhaps he is moving to Alaska to be closer to Mrs. Palin!
January 11th, 2011 at 9:23 am
Wow! I’m surprised you haven’t collapsed under the weight of it all! I’m so proud of you for surviving it all. Hopefully you’ll be sharing news of your new home over the next few months.
January 11th, 2011 at 9:31 am
Sarah, sarah, Sarah: REading your blog and the trouble you’ve been having with that jerk is better then watch the Soaps. I’m so glad that there is a light at the end of this legal tunnel. Happy times are ahead.
January 11th, 2011 at 9:50 am
Unbelievable!!! BUT, “sew” glad for the town of Hope!! It sounds like it will be a wonderful place for y’all to live.
January 11th, 2011 at 10:47 am
Congratulations on the new house and not having to dump the other one! As spiteful as the owner sounds, there is no telling what kind of surprises he would have left y’all! Great view, more land, all sounds awesome!
January 11th, 2011 at 10:56 am
Wow, that guy didn’t want to sell his house. He just wants attention and someone to fight with. I have heard other bad stories…yours goes into the pile. Now “put a curse on him” that his life will get more complicated and never work out….
January 11th, 2011 at 11:01 am
What a delightful tale of greed and insanity and threats and happy endings! It should make a wonderful movie…so happy things are finally working out for you and your family!
January 11th, 2011 at 11:01 am
LOL. Sarah is so cute when she is mad. Seriously, good things happen to good people. Congratulations on effecting a happy resolution.
January 11th, 2011 at 11:03 am
Oh Sarah what a nightmare. I hope your move goes smoothly from here forward.
January 11th, 2011 at 11:11 am
Wow, what a toad! Glad you found some thing you love!
January 11th, 2011 at 11:12 am
That is just crazy! Why in the world would someone list a house for sale and then refuse to sell? Some people are really insane. Glad things are working out for you, Sarah. Can’t wait to see the new house and studio!
January 11th, 2011 at 11:15 am
Oh Sarah!! what an experience for you and your family , but as you say what’s for you will not go by you. You move to a better house clear of any finger prints or echoes of this selfish monster!
Here’s to spring and happier times!
freda
January 11th, 2011 at 11:21 am
What a nightmare. Most people I know in Maine aren’t like this man. But sometimes rich people think there are no rules for them. Hope is a lovely town and it is close to Camden. My friend lives in Camden. Good thoughts for the new home.
January 11th, 2011 at 12:19 pm
This is one of those things that you could not make up. If you tried to sell it as a movie plot, no one would buy it because it is too unbelievable. Until something like this happens to you, you have no idea how our legal system can work against innocent people (at least offer them scant protection.) I am SO happy for you that the nightmare is over. I HOPE there are only good things ahead! May the force be with you.
January 11th, 2011 at 1:16 pm
WOW! I believe in Karma too … doesn’t that thought just make you feel all warm and fuzzy?? And how perfect the name Hope is!
January 11th, 2011 at 1:57 pm
I’m so glad that ordeal is over for you. You really have to wonder how people like that go to sleep at night.
January 11th, 2011 at 2:41 pm
YAHOOO. HOPE RULES!
January 11th, 2011 at 3:00 pm
Glad to see that things are working out.
I have a personal theory…. if I have to work that hard for something and I keep getting road blocks… It’s not something I am supposed to have. The things you need sort of slip gently into your life… as if compelled to be there.
Enjoy your new home.
January 11th, 2011 at 3:36 pm
I’m so glad that in the end it has all worked out for the best. How wonderful to have “Hope” as part of your address!
January 11th, 2011 at 3:47 pm
I think HOPE is the perfect spot for you. If you had moved into the other house, I think the nightmares would haunt you. Besides, although I have never been to Hope, just the name is a positive step forward. Can’t believe you are managing to quilt in the middle of all this.
January 11th, 2011 at 4:35 pm
Oh Sarah–What a nightmare. May he leave for Alaska very soon. Maine will be better off without him. Wishing you happiness in your new home. With Hope in your future, how can you miss.
January 11th, 2011 at 5:17 pm
Hi Sarah
So glad things were resolved- and that you found a better house in the end! Moving is the pits but if it is to a better place the creative urge will reappear now that things are settled.
January 11th, 2011 at 6:22 pm
My goodness! I can’t believe all that you’ve been through! I would say that he obviously didn’t want to sell that house as quickly as he did. I guess he’s a spoiled brat and will eventually run out of strings to pull. Hopefully far far away from you! Well, I’m sure you’ll be much happier in the long run and we all will wait anxiously to see a picture of the new digs! Don’t post another word (so as not to mess up anything)until all the papers are signed sealed and delivered and the house is officially yours! But we can’t wait to see and hear all about it!
January 11th, 2011 at 6:34 pm
I’m so happy things have worked out for you. Having sold real estate for 10 years, I can assure you that although the details of your story are unique, the difficulties are not. Most deals go smoothly, but any experienced Realtor can tell you tales that would curl your hair. I’ve been retired for 15 years and I have to tell you that I don’t miss the drama at all! Things DO have a way of working out for good people, however, and I’m truly happy you have found something even better!
January 11th, 2011 at 9:33 pm
What a nightmare. I hope that Hope works out! And, that the rest of 2011 is tranquil and happy.
January 11th, 2011 at 10:05 pm
After all that, I look forward to hearing about your new house and seeing pictures. And mostly, I will want to see before and after pictures of your new studio.
January 11th, 2011 at 10:17 pm
I’m sorry you have been through such a stressful ordeal. Congratulations on extricating yourself from the other house and finally moving on. I can’t wait to see the new digs.
L
January 12th, 2011 at 12:36 am
Hi Sarah,
WOW!! What a story and I totally see why you had to “get it out!” Thank goodness it’s behind you and you’ve got something positive and exciting in your future. You don’t have time for this stuff…you need to be designing that dream sewing studio!
January 12th, 2011 at 1:28 am
Such a bummer that the dream house was really a nightmare in disguise. Hang in there, sounds like the rest should be a piece of cake. What goes around comes around – somehow, he’ll get what he deserves.
January 12th, 2011 at 8:37 am
Wacko, Sarah. 2011 is going to be a very good year. Hope all goes well from now on. Kind regards, Dorothy.
January 12th, 2011 at 10:18 am
Well, I wonder if house#1 owner is related to my ex. I’d say he sounds very much like him…
….oy……
I’m glad the better solution came along!
What an ordeal, as if this time of year isn’t hard enough as is. Phew!
January 12th, 2011 at 11:18 am
Sarah, Clearly you were meant to live in the 2nd house. Too bad you had to go through such an ordeal to get to this happy solution. I’m sure you are glad that its 2011 and that mess is behind you. That 1st house is probably full of bad karma. Hope the owner is stuck with it forever.
January 12th, 2011 at 8:31 pm
Oh the profanity I would have spewed throughout that ordeal! He will get his due some day and you are going to get a home with much better karma!
January 12th, 2011 at 8:47 pm
Congratulations on being the mature adults. What a horrible ordeal. I’ll keep “hope” in my thoughts!
January 13th, 2011 at 5:07 am
What a pair those two are….your blood pressure would be up…..now you can look forward to moving
January 13th, 2011 at 2:38 pm
To Sweetpea or gatheredwithlove@aol.com:
I did not post your comment because you are anonymous, and I do not permit anonymous comments on this blog. For all I know, you could be the owner or the wife of the owner of the house.
The fact that I tried to reply to you at the e-mail address you provided and that the message was rejected as “address unknown” says it all. That is why “no anonymous comments.”
January 13th, 2011 at 5:14 pm
I feel so sorry for what you have been through!
An unbelievable story.
I am glad you never have to step foot in that house now and can move into your new house and live happily ever after.
January 14th, 2011 at 12:42 pm
I find this incredible. McMansion? YOU live in one. So obvious you are not a real Mainer. WE do not hang our dirty laundry all over town. You have the lack of grace and dignity of a typical nouveau riche flatlander. Plus homely woman syndrome. Dowdy homely women who turn into shrews because that is all they have. Go make yourself another ugly granny vest. And stop your poison keyboard. Take down those dreadful posts depciting the gore of your son’s accident. Have you no shame? You are not a “working mother” or anything of the sort. You are a banshee who sucks off a government entitlement. Go back to sewing. And stop the propoganda.
January 14th, 2011 at 1:11 pm
The commend from Deb Alphonse, whom I do not know, was SO outrageous I decided to post it to the blog anyway. I may be homely, but it isn’t my dirty laundry but the seller’s; it’s just a story of what I endured the past few months. As for government entitlement? Sorry, but we worked and are retired. Her comment reveals a lot more about her than it does about me.
January 15th, 2011 at 6:30 am
hello Sarah, my goodness what a nightmare,
I agree with you Deb A’s e mail clearly says more about her than you who she clearly doesn’t know at all as I know you are none of the things she accusses you of,
so pleased for you all that there is real Hope on the horizon and you may soon be settled in your new home,
take care Frances x
January 15th, 2011 at 9:09 am
Sarah, I was wondering about the date of your “Open House” and if all your Yahoo friends are invited. I’ll bring an apple cake. Only good thought and wishes are coming your way!
January 15th, 2011 at 2:53 pm
Hi Sarah,
Maybe this quote can inspire everyone as they think of how they respond to their own feelings about bad that things that have occurred to someone we know or love:
“We may not be able to stop all evil in the world, but I know that how we treat one another is entirely up to us. I believe that for all our imperfections, we are full of decency and goodness and that the forces that divide us are not as strong as those that unite us.” –President Obama in a recent speech
One by one, everyone can help make this world a better place by approaching difficult situations with an open mind and giving everyone the benefit of the doubt, until they can make their own decisions after being fully educated about all sides of the issue.
Your blog is a place that can encourage compassion and challenge readers to live with a little bit more compassion than they did the day before, instead of spreading more hate, which our nation needs less of. There is a balance between sugar coating everything and stating that there have been issues. Midcoast Maine is small and I would hope that you could respect the fact that you are living in a small community, and basically a family.
We all know there are two sides to every story, and I can only hope that you’ve encouraged your fellow quilters, family and friends to refrain from too much judgment until they know what happened on the other side. Real estate transactions obviously involve alot of details. Let’s think about the sellers that have probably felt similar frustrations of the transaction falling through — let’s challenge ourselves and approach every day with a compassionate thought for them. I would “Hope” that maybe it could be something we all could bring into our lives for 2011 — just a tad more compassion!
Enjoy your new home and I’m sure it will be fantastic!
Bella
January 15th, 2011 at 4:53 pm
As soon as I saw “Bella”‘s comment, I decided I would post it because I believe it was written by the wife of the owner of the Rockport house (this is due to her e-mail address, which is and will remain hidden and private). If that guess is correct, it is a gracious post.
I wish, however, that the owner (the husband) had acted in the way she recommends, because this certainly would have been far less unpleasant if he had. In my post I did not mention that the wife is not on the ownership papers, and to the best of our knowledge our dealings were with the husband exclusively.
There are indeed two sides to everything, and everyone does indeed have “stuff” going on. We had two serious issues going on in our family, one of which was as serious as it gets outside of a death in the immediate family, but that does not mean that we opted to act as the owner did. Instead, we chose to honor the contract and act ethically.
Bella mentions spreading hate. There is no hatefulness in my post. There is hurt and disappointment, and astonishment that someone could act as if to flout the contract and the law. For that reason I chose to share the proceedings as a cautionary tale to others in this small community. Hate is a waste of my time and life, and I do not hate the owner or his wife. They are in the past, and are over and done with (to dangle a participle).
(PS…there is no bitterness in the tone with which I write this post. Simply, it is a recitation of facts.)
The basic facts are these:
We acted in accordance with the contract at every step of the way. The owner did not.
We had a clause which would have permitted us, up until the day of closing on the sale of our house, to back out of the contract IF we could not close on the sale of the Rockport house. We chose not to invoke this clause because we insisted from the beginning that we would NOT act unethically and we would not treat the buyers of our house the way we were being treated.
For all the seller knew, we had no place to go. Yet he chose to refuse to communicate (we offered repeatedly to have a rentback, so we would know when he would be out, but he refused to reply). Instead, he chose to come within 24 hours of a major and material breach of contract (which could have had him and his house in litigation for an extended period). If we had not offered him an escape by allowing him to walk away from the contract, he would have been in gross violation of the law.
The only reason we listed our house for sale was to buy the Rockport house. Period. We had not intended to move any time soon. The fact that we are thousands of dollars in the hole because the owner of the house refused to honor his signature on the contract appears to be immaterial to the owner (the usual inspections, mortgage fees etc. were $1300, plus significant attorneys fees trying to convince the owner abide by the contract he signed freely). I would much rather have saved those funds for our sons’ educations. Instead they were wasted because of this owner.
Likewise, despite things are going on in EVERYone’s lives, the owner had no compunction about leaving us high, dry, and homeless in mid-winter.
We had initially requested closing on the Rockport house for Dec. 29, the day after our house sold. The Owner of the Rockport house refused to communicate anything. So we rescheduled closing for the last possible day under the contract. He still refused to communicate anything, including if or when he would move out of the house.
It was not until the day the Rockport owner signed the release papers that we knew we would be able to buy the Hope house and not be homeless in February.
I agree with Bella that compassion and understanding would be good. Perhaps in the future the owner of that house could learn from Bella and act in that way, instead of the way he treated us so unfairly.