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Dean Welsh
  • Junction City, KS
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Prospective buyer is advertising my home - legal or illegal?

Dean Welsh
  • Junction City, KS
Posted Feb 13 2016, 12:22

My mom is in assisted living and gifted me her homes. One is under contract via dotloop. Supposedly the buyer lives in Germany. I went to a title company and closed on the deal a few days ago. He was supposed to have wired the funds to my account. That still has not occurred. Much to my surprise - yesterday I went to two big realtor sites and found the prospective buyer has been trying to rent out my house for about 28 days now. Then when he does not OWN it. Is itlegal to rent out a home that one does not own? I 'called' him on it and below is what he wrote back to me: 


Dear X,  
Good day, this is Z who is interested in buying your house.
I hope things go well, I thank you for your patiance.
John is working to get the clearance from the city of Independence that the back unit is legit as a rental, and i think once that happens we could finally close. I have the money for the purchuse and waiting for the "all clear".

About the add - I put that add a few weeks ago to check how many possible tenants would have liked to live in that area. It is a part of my verification process that I do each time, to see how much the property is really worth. I put up 3 bedroom because that's what I've been told the property has, later I learned it was only a 2 bedroom, but I didn't change it as I forgot about the add. I always write "Possible property for rent" as in "it's possible I'll be the owner at some stage". I didn't put myself down as "property manager" or anything like that

To the above, I replied:

Z wrote:

Good day, this is Amit who is interested in buying your house.

^^^ Do you live in Berlin, Germany?

I hope things go well, I thank you for your patiance.
John is working to get the clearance from the city of Independence that the back unit is legit as a rental, and i think once that happens we could finally close.

^^^ We both signed document:
"Addendum (F300)"-- stating we would close on or before 2/12/16. It did not say we 'might' close. Or we 'possibly' will close. Based on that document I rightly assumed we had closed yesterday. Therefore, I expected cash in my account and the ownership of my property to change hands. I drove 5 hours round trip and spent a night near the property so I could clean it out better and then drive home the next day. So, a 'signed' closing date contract really means nothing?

I have the money for the purchuse and waiting for the "all clear".

^^^ My attorney called Mr. Strong and told him how we could get an 'all clear'. He followed my attorney's advice and got an 'all clear'.


About the add - I put that add a few weeks ago to check how many possible tenants would have liked to live in that area.

*** My understanding is that is something you do AFTER you buy the property. To do so when you do not own the property is probably some type of fraud.

It is a part of my verification process that I do each time, to see how much the property is really worth.

*** Again, I think this is part of your research BEFORE you sign a closing documents. You look at comps in the area.

I put up 3 bedroom because that's what I've been told the property has, later I learned it was only a 2 bedroom, but I didn't change it as I forgot about the add. I always write "Possible property for rent" as in "it's possible I'll be the owner at some stage". I didn't put myself down as "property manager" or anything like that

Site A  and Site  B have you down as property manager . . . neither say anything about you 'possibly' owning the property.

Check it out yourself:

(link deleted by me due to forum rules for newbies)

 Manager

Z


Project X

(again, link removed due to forum rules)

The house I own that prospective buyer has advertised for rent - is at:

622 N. Pleasant St., Independence, MO 64050

^^^ Forum thoughts please?!

Thank you!

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