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So we were selling our house in Carrollton and had a buyer who put down a $1,000 earnest money.
Time goes by and they want to move the closing date sooner, we said ok. Then they wanted to move it even sooner. We said we couldn't because we had no where to stay.
They wanted to lease it back to us for 2 weeks, we said not possible.
So everything was good, things were signed and we bent over backwards to fix little stuff they wanted, like door stoppers on every door. As well as a lot of time and money in other stuff.
Well time got closer to the closing date and we were informed now the buyers can not get financed due to the buyer telling the bank he took another job and hope this doesn't effect the loan.
Of course it does, so the bank said they needed 30 days of employment history/checks with the new company.
So now they still wanted to move in, but to have us lease it to them until they get financed.
We said no, we're not leasing the house, we're selling it. Plus I think it would've turning into a back situation come "buying time".
So contract expired, and contract was breached by them. So now they want the $1,000 earnest money back, which anyone knows the seller does not have or see that money, but does need to sign a release.
We hesitated for a couple days, because we had put a lot of time and money into accommodating their wants, but ended up signing the release anyway.
Then we had another buyer and another contract, which they would end up buying the house.
Well as we were packing and it came closer to moving time, the doorbell rang and I opened it to received a summons that I was being sued for the $1000 earnest money I never had and that was already released back to original buyer who breached the contract.
So we called and faxed the title company release doc for the earnest money to the people down at the courthouse. And thought it was done.
Now over a year later I get a summons in the mail stating a trial is set for June for this.
So I would really like to talk to a contract lawyer to see if I can take care of this without wasting my time going to trial. We have all the paperwork showing he breached the contract as well as the earnest money being released back to him.
Any help would be appreciated, thanks.
Cliff Notes:
Had buyer for house,
buyer puts $1,000 earnest money down,
buyer tells bank he's switching jobs,
bank no finance now,
buyer breaches contract,
buyer wants $1,000 earnest money,
seller hesitates but releases $1,000 earnest money,
buyer sues for $1,000 earnest money seller never had,
seller sends title release doc to court,
seller thought it was done,
over a year later seller gets summons saying a trial is set,
seller wants to talk to lawyer to see if it can be handled without going to trial.
EDIT: Summons says set for Trial, NOT Jury Trial. Received this and a Jury Duty Notice in the mail the same day and stuck'em on the fridge together. So got a little mixed up there.
Time goes by and they want to move the closing date sooner, we said ok. Then they wanted to move it even sooner. We said we couldn't because we had no where to stay.
They wanted to lease it back to us for 2 weeks, we said not possible.
So everything was good, things were signed and we bent over backwards to fix little stuff they wanted, like door stoppers on every door. As well as a lot of time and money in other stuff.
Well time got closer to the closing date and we were informed now the buyers can not get financed due to the buyer telling the bank he took another job and hope this doesn't effect the loan.
Of course it does, so the bank said they needed 30 days of employment history/checks with the new company.
So now they still wanted to move in, but to have us lease it to them until they get financed.
We said no, we're not leasing the house, we're selling it. Plus I think it would've turning into a back situation come "buying time".
So contract expired, and contract was breached by them. So now they want the $1,000 earnest money back, which anyone knows the seller does not have or see that money, but does need to sign a release.
We hesitated for a couple days, because we had put a lot of time and money into accommodating their wants, but ended up signing the release anyway.
Then we had another buyer and another contract, which they would end up buying the house.
Well as we were packing and it came closer to moving time, the doorbell rang and I opened it to received a summons that I was being sued for the $1000 earnest money I never had and that was already released back to original buyer who breached the contract.
So we called and faxed the title company release doc for the earnest money to the people down at the courthouse. And thought it was done.
Now over a year later I get a summons in the mail stating a trial is set for June for this.
So I would really like to talk to a contract lawyer to see if I can take care of this without wasting my time going to trial. We have all the paperwork showing he breached the contract as well as the earnest money being released back to him.
Any help would be appreciated, thanks.
Cliff Notes:
Had buyer for house,
buyer puts $1,000 earnest money down,
buyer tells bank he's switching jobs,
bank no finance now,
buyer breaches contract,
buyer wants $1,000 earnest money,
seller hesitates but releases $1,000 earnest money,
buyer sues for $1,000 earnest money seller never had,
seller sends title release doc to court,
seller thought it was done,
over a year later seller gets summons saying a trial is set,
seller wants to talk to lawyer to see if it can be handled without going to trial.
EDIT: Summons says set for Trial, NOT Jury Trial. Received this and a Jury Duty Notice in the mail the same day and stuck'em on the fridge together. So got a little mixed up there.
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