Good evening BP,
I sold a house we owned for ten years a month ago. Great sell 35k over asking. We had to kick the tenants out one day prior to the sell and turn over the keys the next morning to the attorneys. Then the complaints came in.
1) my property manager said they cleaned and during the final walk through I had to delay closing for 6 hours to get the PM back over to the house to clean.
2) keys were turned over already so they could not enter the house legally.
3) the sell was 30 days ago; yesterday I got an email from the buyers realtor that the house was not cleaned and the house was a disaster and that legal action is going to be taken against me because we never cleaned the place. This was the first I heard of any problems since the sell.
4) I live 900 miles away, I told the realtor to call the PM not me, gave them their number, CC'd them to inform them of a potential issue. I also told her to directly email me since I cannot help from afar.
5) Today I get five emails from her stating I took advantage of them. I have until 5pm to get the house cleaned or else.
6) The PM emailed her asked her to call and she did not. She ended up e-mailing them at 435pm.
7) As I am trying to relax I get another email saying I took advantage of the situation and did not help, that she took appropriate action and legal action is pending.
I think this family is attempting to strong arm me ... Cannot prove it, buy I feel I am being harassed now ...
What should be my next action?
Do you have an attorney? That would have been my first phone call. My attorney tells me exactly what to do in situations like this.
I have one but not in that state.
They have no case.
If the property wasn't cleaned to their satisfaction they would have determined that at their final walk though and would not have signed the papers at closing.
You need to call a local real estate attorney to where the property is located and tell them to deal with this mess immediately.Depending on the state where the property resides,the buyers agent should be responsible to have to perform a final walk through inspection and agree in writing that the property is ready for acceptance.Demand to see the paperwork again and talk to The the agents broker of record to investigate whether or not their agent performed their duties.
You’ll only need a lawyer if they actually file suit.
No reasonable attorney would file suit based on the facts you’ve provided. (There has been no suggestion that you failed to disclose latent defects.)
This is a bigger problem for the buyer’s broker. If the property wasn’t acceptable at the walk through, they should not have closed.
Sounds like somebody just wanted their commission.
Let the lawyers handle it. I would never respond back to an agent in this case.
Team, I used a lawyer in the closing. I used an attorney and so did they for the closing. They signed the paperwork a month ago. They did not let the cleaning team in to clean, just allowed them to grab the stuff outside.
Now are complaining about windows, and other defects, when they waived the home inspection.
Like I said, they are attempting to strong arm me ... Absolute craziness.
this cracks me up all the responses get a lawyer.. what is a lawyer going to do about a simple cleaning of a house.
if you feel bad hire a cleaner and have them go clean it... if you feel you don't owe them anything.. then just ignore it.. deals done and you live in another state.. no one is Going to sue you over this... Lawyers handle closing on the east coast they don't handle these piddly disputes.. at least I doubt they want to .. how can they charge enough to cover their time.
cost less to have a cleaning service just go clean the house.. seesh.. what drama.
Simply sit back and wait with your lawyer available in the event they push their bluff any farther. You should not have anything to worry about. Being prepared is simply part of the game.
Your other option is to have your lawyer send them a strongly worded letter telling them to shove off. The first response purpose of lawyers is to intimidate.
Ok windows and other defects are different than simply cleaning the house.. if they took it as is.. same advice just ignore it and move on.. litigation is hard its expensive etc etc.
plus your standard real estate contract PROBABLY has a mandatory mediation clause in it.. read that over worse case is they could file for mediation..
can U say buyers remorse... LOL.... letters and e mails are just idol threats.. don't lose any sleep over it unless.. you actually think you did something wrong.
What an absolute joke. "Suing because the house wasn't clean"? Maybe a couple hundred bucks. If it was really a mess, as the buyer agent I'd not close or insist on a few hundred deduct. The buyer agent is an idiot for even mentioning "legal action" over cleaning. One email, and I'd forget it.
Yeah it's a done deal, they shouldn't even email you without going thru your agent or broker. Tell them to stop with the harassing stress full emaills. It's unprofessional and causing stress. If I got another I would call their broker of the firm tell them your filing a formal complaint with the state. Tell them to stop at least once then file on them. No agent or broker wants this.
"What an absolute joke."
Bigger joke worrying about it.