Well, it's my turn to get some advice.
In July my husband and I decided to downsize our 2200 sq ft home to a nice mobile home in a nice Manufactured Home Community.
We found a home and placed an offer on this home and it was accepted.
The fraud part of this is that the parks "Selling Agent" told us the Seller had purchased a home and had moved out and thus needs to move ASAP. This was a total lie.
When my husband and I toured the home there was a woman living in the home, but there was only a sofa, a TV, 2 beds and clothes in the closets. There was nothing in the kitchen, no table, nothing in the bathrooms. Completely empty. I assumed this was the wife babysitting the home until it sold. Even though the ad stated they needed to move ASAP, I could see two hours moving time for them with a small U-haul truck. So it made sense to me when the Sellers Agent told me he had bought a place and moved out. I wondered why, however, the woman was left behind to babysit the house. But it was just a passing thought.
Finally, we receive the closing date. It was scheduled for August 3rd. When we placed our offer on this home, the move in date was scheduled for August 16th. I questioned this date, before signing the purchase offer, because we needed to move in ASAP, and the ad stated ASAP and the seller's Agent assured us he had already purchased a home and MOVED OUT. When I questioned the August 16th move out date and said I needed to move in ASAP, the Seller's Agent told me to not to worry, because he would be out way before then. She just wanted to give them a leeway But kept reassuring me it would be within a few days of closing.
Two days before closing the Title company calls me to let me know that all was well and the owners of the home we wanted to purchase would be out by August 31st. And I said, "Oh No....that's not our agreement" So I called the Seller's Agent and she agreed with me and told me she would call me back. That there was some type of misunderstanding. She called me back an assured me again that they would be out way before the August 16th move out date. (I kept asking her why he can't move the rest of his stuff on the 3rd. The day we close because all there was, was a few items in the house and the Seller's Agent told me she didn't know why.
The Title company calls me one last time and told me again that the Seller had until August 31st to move out. So I call the Seller's Agent again and then the truth comes out.
I asked the Seller's Agent if the Seller was renting the home out and was why the Title Company kept telling me that he didn't know when he could move out because it depended on them, and they. (She used those words. And I wondered who were "They and Them?" Were they Tenants? Was he renting out the place? The Seller's Agent told me that they weren't tenants but the woman was actually his wife. So I asked her. Did he leave his wife? Is that why he has to ask her when she planned on moving? Is that why you said he moved all HIS STUFF from the house? And the furniture I saw was hers? That nothing made sense.
Now here comes the Fraud Part. She is upset now. She tells me, "No, he lives there too." I said to her, "You told me he bought a home and moved. And now you are saying he doesn't live there but lives in the trailer?" She said, "Yes, he lives in the trailer with her" So I said again, well why can't they move on the 3rd since they bought a home and they only have a few pieces to move?
Drum Roles, she says, "it's because the home he wants to buy depends on the homeowner moving out," I said to her, "Are you kidding me. You told me he bought a home and moved out". She said to me, "He did buy home and he did move out". And I said to her, then why can't he move out on the 3rd during our closing. And she said to me, "Because he closes on his new home an hour after you close on his home". Now I'm outraged. "So he never bought the home! And the homeowner still lives there". She raises her voice now and tells me, "He did buy the home and he did move out. He moved his furniture to a warehouse. And he closes one hour after you".
I told her that, this was enough. I'm walking away from the deal.
THE BIG DEAL OF THIS STORY - And why this is so very important.
My husband is very ill. He has cancer that has spread to his bones. My husband is much older than I am. He is 84 years old. He told his doctors that he didn't want any more medication or treatments and will no longer be seeing them. That he wants to spend the rest of his life, however long that may be, as a human being. Last December in 2017 he stopped seeing his doctors and takes not even an aspirin.
Each day he gets weaker, and it was imperative now, that we moved to a smaller place with no stairs. We couldn't move to a Senior Housing Community because we have two animals. They only accept one. Plus, my husband, bless his hearts, says he doesn't want to live in a Senior place because all there is there is "old people". :) His last wish for me was to move to a smaller place where I would be comfortable living alone, both financially, and house size wise. The profit we made from the sale of our home would provide me with money to live off it for the rest of my life.
IT WAS IMPERATIVE that we moved IMMEDIATELY, and that I got him settled because he is losing his capability of walking, he has dementia, and so much more, and I needed to move to a facility where it would be Wheelchair friendly. (Wheelchair ramp, and no stairs in the house) Time was of the essence.
That day when we sat in the Park's Home Sales Office, My husband and I told her the reason we needed to move and needed to move fast. It was IMPERATIVE that we got our home up for sale before the holidays. We couldn't afford two homes at one time, and me taking care of my husband there, and all the things I would need to take care of our current home, which has lots of lands, and a very big house.
She deliberately lied to me, telling me this guy bought a home when clearly he did not. He just placed an offer on the home based on him selling his home.
By the way, the Sellers Agent told me in our last conversation with me, that the Sellers house that he wanted to buy who had the owner living there, just told him that she just lost her job. And yet I was supposed to close on the 3rd when nobody knew when anyone could or would ever be able to move.
Because this is a Manufactured Home Community and their laws are a little different than a Real Estate Salesperson's legal responsibilities (I am an inactive Real Estate Salesperson so I know that law, and I know that this would be considered Disclosure Fraud), I'm wondering if it still is Disclsoure Fraud in this case)
I've called several attorneys but nobody calls me back.
One more thing I forgot to tell you. Because we were moving and downsizing, I gave away our furniture, keeping only a very few items. Plus I interviewed painters and bathroom remodelers and workers to upgrade our current home in order to get top dollar for the house.
Because my husband cannot walk very well, and he is very slow to do anything, when he has enough energy to do anything, I had to clean out our two car garage of all his tools and all the stuff in it, as well as pack all our stuff in the house, and I worked day and night.
Had to call for a special pickup for all the junk that we had to throw away, that I alone had to haul out to the curb by myself.
I spent a lot of time calling people, interviewing, packing, cleaning, getting ready for the move, all this based on a lie that this guy already bought a home and had moved, to find out he didn't buy the house and didn't move, and the owner of his house still lived there and had now lost her job.
Where is the justice?
I am terribly sorry for your situation. But a “seller’s motivation for selling” typically isn’t a part of disclosure requirements. Even if it was I don’t see any real recourse simply due to disclosure laws.
This seems more of a contractual issue.....possession not be given as stated in contract. If you close, you have no real leverage unless you get a Substantial hold back of some money to penalize them for vacating late.
It is also odd that the title co. is involved in modifying the possession date.
But isn't it a "Fraud" to deliberately tell a buyer that the Seller has already moved and purchased a home in order to sell the home?
She told me this place had many showings but nobody placed an offer. Was it because it was told to everybody that the seller was trying to buy another home based on him selling his home, which nobody wants to touch with a ten-foot pole.
I feel she lied to me in order for us to place an offer. I wouldn't have placed an offer if the truth was told to me. We would have moved on to the next home we wanted to see. That place has now been sold.
You should have stopped dead in your tracks as soon as the agent could not tell you why the seller could not be out by the 3rd. How could the agent NOT know that?