30 replies to this topic

[AmScray]

So one of our 'big dreams' is to do a return-to-the-earth sort of lifestyle- grow our own veggies, raise our own poultry, dairy cows for milk, make our own cheese- stuff like that. My fiancee is a Psychiatric Nurse, I'm a grinder and we're both still pretty young, so we're well positioned to do something like this.

We've decided that we want to split our time between Chicago and the Roanoke, VA area- Chicago in the spring and summer, Roanoke in the autumn and winter (we're both presently Shanghaied in FL for most of the year due to her work)...
We've been looking for a decent home site parcel up that way (I already own some cabin land in that area, but it's too far out of Roanoke for her to commute so we need something further north)

We find a dude selling a 36 acre parcel for a price that's totally right. We both drive up there, meet the elderly folks that are selling it (its an old farmstead), agree to purchase it for a price, give the guy earnest money and an "intent to buy" contract, drive back, get our financials in order, secure financing and call him back to arrange payment.

He informs us that he's unable to sell because his kids have decided that they want to buy it and asks if we could forget about the whole thing (he will return our earnest money, of course) We say absolutely not, we want it and intend to complete the sale. He says that he isn't selling. We tell him that we'll see him in court, he hangs up. Talk to my lawyer, he says that the case is basically a lock- we will definitely win very quickly in court- but there the whole "litigation PITA" to deal with, not to mention the costs.

I am 100% set on making this ****ers land my own on principle alone; you just can't screw people like this- waste their time and money- and expect them to 'forget about it' when you change your mind after signing a contract.

She wants to just 'let it go' and find another parcel.

What would you do?

[Nikki_N]

So one of our 'big dreams' is to do a return-to-the-earth sort of lifestyle- grow our own veggies, raise our own poultry, dairy cows for milk, make our own cheese- stuff like that. My fiancee is a Psychiatric Nurse, I'm a grinder and we're both still pretty young, so we're well positioned to do something like this.

We've decided that we want to split our time between Chicago and the Roanoke, VA area- Chicago in the spring and summer, Roanoke in the autumn and winter (we're both presently Shanghaied in FL for most of the year due to her work)...
We've been looking for a decent home site parcel up that way (I already own some cabin land in that area, but it's too far out of Roanoke for her to commute so we need something further north)

We find a dude selling a 36 acre parcel for a price that's totally right. We both drive up there, meet the elderly folks that are selling it (its an old farmstead), agree to purchase it for a price, give the guy earnest money and an "intent to buy" contract, drive back, get our financials in order, secure financing and call him back to arrange payment.

He informs us that he's unable to sell because his kids have decided that they want to buy it and asks if we could forget about the whole thing (he will return our earnest money, of course) We say absolutely not, we want it and intend to complete the sale. He says that he isn't selling. We tell him that we'll see him in court, he hangs up. Talk to my lawyer, he says that the case is basically a lock- we will definitely win very quickly in court- but there the whole "litigation PITA" to deal with, not to mention the costs.

I am 100% set on making this ****ers land my own on principle alone; you just can't screw people like this- waste their time and money- and expect them to 'forget about it' when you change your mind after signing a contract.

She wants to just 'let it go' and find another parcel.

What would you do?

I think I'd avoid the litigation if he'd pay me for the time and travel expenses I incurred for the trip made when the deal was agreed upon.

[Sal Paradise]

you will be known for taking this guy to court for his land the entire time you live there. it won't make for a pleasant experience.



on another note, I now must meet you since you will be close and we can discuss hatred of blacks and jews.

[James D]

What's 'earnest money'? Is that another way of saying deposit?

[AmScray]

you will be known for taking this guy to court for his land the entire time you live there. it won't make for a pleasant experience.
on another note, I now must meet you since you will be close and we can discuss hatred of blacks and jews.

Since you apparently are familiar with the area...

That is a consideration, seeing as the neighbors have known this dude and his family forever. It's your typical tight-knit rural VA community where everyone knows everyone and everyone, went to school with each other and is either related, actively feuding or both.

We would definitely be massive 'outsiders' either way, but crowbaring him off the land probably wouldn't help general opinion of our moving in. With that said, I'm a FTW type. I really don't care about the opinions of people. They're not going to like us either way, no matter what I do. I'm not a 'likable" guy.

[dapokerbum]

I think it would be lame if you take the guy to court. I would forget the lawyer and go up there and personally visit him. explain how it is your dream to have this land and see if he will still be willing to sell. If not you gave it your best shot and you don't have to pay any slimy lawyers and you will still be respected. Then you can look for another piece of land. There is plenty out there and it is a buyers market in this economy.

Best of luck.

[Sal Paradise]

yeah thats what I'm saying. you'll already be a "god damn yankee", and if you add the forcing of the sale, you'll be very well known. it seems like you like the small town type stuff like antiques and gardening and the what not, and doing this will probably torpedo any chance you'll have of making friends in these circles in this area.


theres lots of land down here, I'd bite the bullet and look for something else. but you should definitely make him reimburse you for travel expenses and stuff. I mean he is the one thats in the wrong technically.

[rjkdb8]

So one of our 'big dreams' is to do a return-to-the-earth sort of lifestyle- grow our own veggies, raise our own poultry, dairy cows for milk, make our own cheese- stuff like that. My fiancee is a Psychiatric Nurse, I'm a grinder and we're both still pretty young, so we're well positioned to do something like this.

We've decided that we want to split our time between Chicago and the Roanoke, VA area- Chicago in the spring and summer, Roanoke in the autumn and winter (we're both presently Shanghaied in FL for most of the year due to her work)...
We've been looking for a decent home site parcel up that way (I already own some cabin land in that area, but it's too far out of Roanoke for her to commute so we need something further north)

We find a dude selling a 36 acre parcel for a price that's totally right. We both drive up there, meet the elderly folks that are selling it (its an old farmstead), agree to purchase it for a price, give the guy earnest money and an "intent to buy" contract, drive back, get our financials in order, secure financing and call him back to arrange payment.

He informs us that he's unable to sell because his kids have decided that they want to buy it and asks if we could forget about the whole thing (he will return our earnest money, of course) We say absolutely not, we want it and intend to complete the sale. He says that he isn't selling. We tell him that we'll see him in court, he hangs up. Talk to my lawyer, he says that the case is basically a lock- we will definitely win very quickly in court- but there the whole "litigation PITA" to deal with, not to mention the costs.

I am 100% set on making this ****ers land my own on principle alone; you just can't screw people like this- waste their time and money- and expect them to 'forget about it' when you change your mind after signing a contract.

She wants to just 'let it go' and find another parcel.

What would you do?

If I really wanted the land, I would not hesitate to sue. The view that you are somehow a bad person for exercising your contractual rights is antiquated. I would suggest carefully reviewing the K to see if there is any sort of prevailing party provision in the event that the agreement results in litigation (which is pretty standard). I would also suggest having your attorney draft a letter informing him of your intent to vigorously pursue all available legal and equitable remedies resulting from his breach and advising him that he may be liable for all expenses incurred by you in an effort to enforce the K, including, but not limited to, all attorneys' fees, court costs and interest thereon. He may cave at that point.

[strategy]

yeah thats what I'm saying. you'll already be a "god damn yankee", and if you add the forcing of the sale, you'll be very well known. it seems like you like the small town type stuff like antiques and gardening and the what not, and doing this will probably torpedo any chance you'll have of making friends in these circles in this area.
theres lots of land down here, I'd bite the bullet and look for something else. but you should definitely make him reimburse you for travel expenses and stuff. I mean he is the one thats in the wrong technically.

yep. I say be nice and let the kids have it, make him reimburse under the threat of a lawsuit.

[Nikki_N]

If I really wanted the land, I would not hesitate to sue. The view that you are somehow a bad person for exercising your contractual rights is antiquated. I would suggest carefully reviewing the K to see if there is any sort of prevailing party provision in the event that the agreement results in litigation (which is pretty standard). I would also suggest having your attorney draft a letter informing him of your intent to vigorously pursue all available legal and equitable remedies resulting from his breach and advising him that he may be liable for all expenses incurred by you in an effort to enforce the K, including, but not limited to, all attorneys' fees, court costs and interest thereon. He may cave at that point.

It sounds like you've done this before.

[Jackie Childs]

First... if you really spoke to an attorney.. get a new one. If he really told you it was a "lock" he either 1) justs wants your consignment money or 2) is just ignorant of real estate law.
A savvy buyer's lawyer will usually record a "lis pendens" against the title to prevent the seller from selling to another buyer or even refinancing the property. The legal reason is every property is unique so monetary damages are not an adequate remedy for the buyer if the seller breaches the sales contract. This will be tied up in court for years. If you really want the property, you can bring a "specific performance lawsuit" to force the seller to complete the sale on the terms agreed in the signed sales contract. Again... not a high priority for the courts and by the time you add the attorney fees, assuming this person is charging you, the property will no longer be worth it.
Another angle for the seller; there is a three-day rescission law that applies to real estate purchases. I'm sure your side will say it was past the 3 days... he will say within 3 days.

Anyways... good luck. Pick your battles wisely.

[rjkdb8]

First... if you really spoke to an attorney.. get a new one. If he really told you it was a "lock" he either 1) justs wants your consignment money or 2) is just ignorant of real estate law.
A savvy buyer's lawyer will usually record a "lis pendens" against the title to prevent the seller from selling to another buyer or even refinancing the property. The legal reason is every property is unique so monetary damages are not an adequate remedy for the buyer if the seller breaches the sales contract. This will be tied up in court for years. If you really want the property, you can bring a "specific performance lawsuit" to force the seller to complete the sale on the terms agreed in the signed sales contract. Again... not a high priority for the courts and by the time you add the attorney fees, assuming this person is charging you, the property will no longer be worth it.
Another angle for the seller; there is a three-day rescission law that applies to real estate purchases. I'm sure your side will say it was past the 3 days... he will say within 3 days.

Anyways... good luck. Pick your battles wisely.

I agree that I would be skeptical of an attorney who characterizes the case as a "lock", but disagree with the assessment that this will be tied up in court for years. It is not as if actions are assigned to a docket on the basis of some sort of priority the judge/court assigns to the case. But I also agree that if you don't have a decent basis to contend that Buyer is responsible for your costs, it may prove to be more trouble than it is worth from a financial standpoint.

[AmScray]

He's a friend of mine. He was speaking as a friend would to a friend when he called it lock, not as an "attorney to a client" where he has to hedge everything he says.

[BigDMcGee]

I think you should do a cost/benefit analysis of the situation. Is spending the extra money and time litigating this worth the land and the principal of making him stick to his contract? That's really only a question you can answer, I'm not sure what your time is worth and how much enjoyment you'd get out of the whole process, but if acceptable alternatives are available, then you should consider going that route.

[chrozzo]

ok, whats the address?

I will deal with it myself

[navybuttons]

it's rare that i enjoy threads. but i kind of liked this one.

marshmellows

[AmScray]

Kinda interesting resolution (assuming that it actually goes through)

I was on the phone with him for a long time yesterday, trying to figure out a resolution to this. I told him that I understood about his familys desire to keep the land and that I hated to have to play hardball here, but I had invested money in making this deal happen and we really came to love the area. I asked if he would be willing to sell a portion of the land.... He went quiet...

The conversation that ensued basically tipped his hand- he was 'on our side' with this whole thing- he wanted to sell and honor the deal- but his wife and family henpecked him into backing out. I'm totally convinced that he was sincere and not just playing the "blame the wife" card. He offered to chop me off a flat and level 2 acre parcel along the road- pay for the surveyors and everything- in exchange for the earnest money. The 2 acres would be worth much, much more than the earnest money. Immediately, I heard his wife start crowing at him in the background and he basically told her to STFU, this is how it would resolve if it's how we wished it to resolve.

Anyway, I agreed. I'm heading up in a couple weeks to determine what part of the land and what shape the parcel will be.
So, even though we won't be getting our farm, we will be getting a pretty nice 2 acre home site for what amounts to peanuts, even factoring in all the travel expenses, etc. I doubt we'll ever use it, but it's nice to keep in the portfolio for a rainy day.

[strategy]

hey, I'm glad you settled it peacefully. see, the men in this world are just fine.

[whatgreatis]

Wait a second, didn't you try to sell us that you were going to go to Alaska to produce fish, you owned your own island, which you didn't want your wife to have half of and you worked for the Red Cross. How many BS stories do you have?

[jeff_536]

Wait a second, didn't you try to sell us that you were going to go to Alaska to produce fish, you owned your own island, which you didn't want your wife to have half of and you worked for the Red Cross. How many BS stories do you have?

how many stars in the sky?

how many blades of grass on the earth?

how many drops of water in the ocean?