All Forum Posts by: Cesar Mundaca

@JD Martin Haha, thanks! i'm sure it will be too!

@JD Martin Counting it as a $200 life lesson.

Hello everyone, sorry for the long response. I would like to begin by thanking each and every one of you for your feedback! Sorry i went missing for a little, i was dealing with this issue as well as working hard to make sure i get more deals in the pipe line... the conclusion of this mess is as follows.

THE CONCLUSION
So, it turns out the seller hired that attorney to attempt to get out of our contract, the lawyer threatened me with lawsuits and even threatened to escalate this to FREC claiming that we took advantage of her client along with a ton of other lies that i proved wrong. The list of just a few of these lies along with my objection/proof is listed below.

Lie #1
Seller claims we preyed on them and knocked on their door and then forced them to sell the house.
-This is a lie because i have a screen shot of a text message from the property owner that clearly shows the home owner initiated the deal by reaching out to me in response to a mailer i sent out. The screen shot shows he wrote the property address, his name, and his interest in selling to me.

Lie#2
Seller claims i had a partner go to his house to get the contract signed and then i showed up an hour later to demand the house keys.
-This is a lie because i took a picture of the homeowner signing the contract while my partner stood next to him which proves i was there at the time the contract was signed.

Lie#3
Seller claims he does not understand English and had no idea what he was signing.
-This is a lie because the photo shows him wearing READING glasses and carefully reading it.

Lie#4
Seller claims we only gave him page 2 of the contract to sign and he never saw the first page that shows the agreed upon price.
-This is a lie because although we used a simplified version of a wholesale contract that is only 2 pages there is NO WAY we could only hand him the second page because the contract was printed on ONE sheet of paper that was printed 2-sided.

Lie#5
Seller claims to be an elderly man that we took advantage of.
-This is a lie because he's only 52 years old and after doing a some research on him i found that he is actually out on bond for 2 felonies (probably why he's selling) that include manufacturing drugs and drug trafficking up to 2,000 LBS of marijuana. ...With that being said, do you really think a drug trafficker in Miami qualifies as an "elderly man" that you can take advantage of? Not to mention in the photo i took of him signing the contract he is clearly bigger, stronger and in better physical shape than i am... and i'm 27!

Lie #6
Seller opened a case with the local detectives to investigate me regarding real estate fraud.
-This is a lie because at no point did i try to fraudulently conduct business, i carefully explained everything to him in his language (Spanish) and have done everything in my power to make sure the deal goes smoothly and he gets what we agreed upon.

There was many other lies that thanks to my ability to remain organized and keep track of everything i work on were also proven wrong... the detectives even went to my Brokerage firm where the owner/broker called me in to have a meeting, it started out with him chewing me up for what he believed to be a shady agent but after presenting my side of the story he was on my side and said there was absolutely no doubt in his mind that i was doing this correctly and had nothing but good intentions. he said the seller is just a lowlife who wants to get out of the contract to get more money somewhere else. My broker then directly contacted sellers attorney and presented my side of the story along with all of my evidence.... his attorneys response was "Effective immediately we no longer represent the home owner and want nothing to do with him." 

Although the above paragraph is a win in my book, i decided to just let it go. I don't want to force the man to sell if he really does not want to and he will probably just lawyer up again and the battle will start all over. There will be more deals and although this $10,000-$20,000 payday was going to be amazing, i have learned a lot from this experience and will be better equipped for it next time.

NO DEAL, LEARN, GROW, MOVE ON.

 Again, i greatly appreciate your input. i wish i had the luxury you have, however, i am a Floridian, i pay my parents bills because they are too elderly to pay it themselves due to the modern day slave system (I'd gladly open a new discussion about this but I don't think it's suitablein this forum) therefore a $10k-$20k deal is life-changing for me/us. I'm not about to back down just because my cold-footed/greedy seller decided to sell to someone else because they offered more. Correct me if I'm wrong but I feel that my situation could and will serve as a steppingstone for future Investors.

We're all here to make money and be successful, not to be Taken advantage of. If my contract is not worth half a cent then PLEASE show me one that's worth all of our time so that this B.S doesn't happen to new/tenured investors.

Thank you very much for the HELPFUL response, i will be contacting a real estate attorney tomorrow and update you all as the story develops. 

As for @john thedford i appreciate your concern but that topic has been discussed enough, we all know it IS legal if done properly. Also, i actually am licensed in the state of Florida, i'm also very experienced with residential and commercial sales but i ventured into real estate investing for some added revenue since real estate is my full time job.

 Hello Everyone, i have read many posts on bigger pockets and i know there are other posts regarding similar situations however mine is slightly different and i would like specific guidance for my current situation. i would like to apologize in advance if i use this forum incorrectly, it is my first time posting. So, without further ado this is the situation i'm in...

I found a seller willing to sell his property for a great price, after explaining in detail how this would all play out we signed a contract and he was happy, the same day that we signed i had a buyer walk through the property with me and he is interested in purchasing asap.

the next day i submitted my EMD and even paid for a title search... then i was contacted by a real estate attorney the seller hired saying i can no longer speak with the seller and that i can only speak directly with her if i need to tell him anything and that they have opened a case with miami dade police department against me(i have no idea why, i have done NOTHING illegal or misleading. i'm doing everything by the book so i believe this is only a scare tactic) they also said i need to sign a cancel and release form to release the seller from the contract. i was not given any reason as to why the seller had this sudden change of heart but i'm going to assume that he got a better offer or a real estate agent (which he mentioned was interested) probably promised to sell for higher and quickly.

I responded to the attorney asking why their client changed their mind. (if it's medical or job loss i would obviously release them with no problem) my email also says their client has signed a legally binding contract and i have already invested time and money into this property and will begin seeking legal advice regarding "Specific Performance" against their client. *I am still awaiting their response to this email*

i spoke to the attorney at my Title company who has advised me that my contract is solid and has all of the key elements to make it a valid contract. i have a buyer waiting for me to clear this up so we can close.

My questions are...
How can i make sure he does not sell to another buyer?
Can i move forward with the closing regardless of the seller trying to back out?
How can i cloud the title to make sure he does not sell to another investor and should i do it?
Should i attempt to sue for "Specific Performance" as the attorney at the title company told me to do?
Should i just collect the EMD from my end buyer and use that to show sellers attorney that we are going through with this?
If it all falls through what do i do about the $200 i've already spent on Title and EMD??

Also, this is taking place in Miami, Florida and i am rather new so i apologize for any rookie questions.

Any other tips would be greatly appreciated. Thank you all very much!