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Feldspar67

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  1. I wondering wondering if anyone has dealt with contingency sales and earnest money situations before...below is a narrative detailing this..... The home (the rental) was initially a contingency sale....a purchase price was agreed to and earnest money was put down ($1,000). The contingency was the sale of the buyers home, and eventually their home sold, and they should have moved toward applying for a loan for the purchase of the house. However, they did not inform us of the sale of their home (I did my period search to their listing agent to be sure, and discovered it sold in June 2016.) I did not discover the sale of their home until mid July 2016, so I call them and they said they would not be able to continue with the purchase due to financial difficulties. According the the state of Mn. earnest is returned to buyers only if they are declined for a loan, or the sale of their home does not occur. The buyers did not show proof of being declined for a loan, only stating they could not afford it, therefore the earnest money should go the the sellers. In addition, by not informing us to the sale of their home they broke the contingency agreement and held the home hostage during a period of time we could have tried to sell it. This breach should also been a reason why the earnest money come back to the sellers. We lost earnest money and the potential to sell.
  2. Greetings,

     

    You provided my with some solid information regarding our Lease / Utilities situation....If you have the time to consider and respond to another layer of this situation I would appreciate it.

     

    The home (the rental) was initially a contingency sale....a purchase price was agreed to and earnest money was put down ($1,000). The contingency was the sale of the buyers home, and eventually their home sold, and they should have moved toward applying for a loan for the purchase of the house. However, they did not inform us of the sale of their home (I did my period search to their listing agent to be sure, and discovered it sold in June 2016.) I did not discover the sale of their home until mid July 2016, so I call them and they said they would not be able to continue with the purchase due to financial difficulties. According the the state of Mn. earnest is returned to buyers only if they are declined for a loan, or the sale of their home does not occur. The buyers did not show proof of being declined for a loan, only stating they could not afford it, therefore the earnest money should go the the sellers. 

     

    In addition, by not informing us to the sale of their home they broke the contingency agreement and held the home hostage during a period of time we could have tried to sell it. This breach should also been a reason why the earnest money come back to the sellers.

     

    We lost earnest money and the potential to sell. 

     

     

    1. pg1067

      pg1067

      I won't respond substantively in private.  If you have further questions, please post them on the public boards.

    2. Feldspar67
  3. The lease state those specific pet details exactly....so that is cut and dry in the lease language. I do plan on paying for an hour's of attorney consultation. ...thanks for your help.
  4. I do feel a little in the dark on how to prove some of this......I can prove they had 4 cats and 2 dogs by interviewing neighbors, which I did (would they also need to appear in court?). I tried to take pictures, but they just didn't do justice to the detail of hair and puke. I can also prove that they sublet the home, or increased the # of tenants by the claims of neighbors. I can prove the carpet needs to be replaced by walking through the house and being overwhelmed with pet odor, and taking the claims of the new renters of what is like to live there. I can show photographs of missing shelving in the basement pantry...not sure how to prove the furniture they took was ever in the house. I am able to show receipts of carpet cleaning rentals, cleaning supplies, and my time spent cleaning so new tenants enter an acceptably clean rental environment. Any suggestions on how to organize list of proof, other than what I already listed?
  5. Gotcha....so at this point it's who wants to put out or shut up....We have claims amounting to $3,000 (replacement of soiled rug, pet rent not collected, furniture removed from the house, alterations to the property without landlord permission). They have, give us our $600 security deposit back and pay our water bill for 2 1/12 years( $1700). Who wins? I will be submitting them with a final letter stating the specific reasons why they will not be receiving their security deposit, in addition to a list of the charges, expenses for the multiple breaches of our agreement. Will someone take this to court? maybe. However, I feel with what I will be laying out, they would be foolish to do so, and should simply accept the fact that they will not be getting a $600 SD back.
  6. I agree that this was more than a rookie landlord mistake....no excuse. The renter's were contingency buyers and I simply didn't put the time into the lease details that I should have....2 years later they backed out of the purchase.
  7. Do any of the breaches of contract they committed trump the entire agreement and place the lease in default and their rights to claim any part of it? This is my point according to the lease....Removal of Landlord's Property: In anyone removes any property belonging to Landlord without the express written consent of the Landlord, this will constitute abandonment and surrender of the premises by Tenant and termination by them of this Rental Agreement. Furniture and shelving belonging to the house was removed, alterations to outdoor fencing conducted. In addition....is there any truth to moved out = lease complete....if renter's want to file a claim regarding utilities that are in their name and they paid for during the lease agreement, they should have done so when the lease was active.
  8. I am a first time landlord and learning some lessons quickly. We are in a transition period between 2 groups of renter's, with one lease coming to a full conclusion and a new one beginning. Before the new party was able to move in I conducted a final inspection....upon entering the house I was immediately overwhelmed with pet odor. The lease clearly states that no pets will be allowed unless there is written permission from the landlord. In the 2 years this group rented the house, they did not communicate with me about any pets. I found cat puke in multiple spots on rugs, heavy pets odors throughout the house. 4 days after the official move out date and the new family was moving in I contacted the previous renter's and explained to them why I would not be returning their security deposit. They shot back that if we did not return the security deposit that they would be asking us to pay the water bill, as the lease states. This detail of the lease had never been brought to my attention during the 2 years they lived in the house, and I failed to see this detail in the lease myself. The utilities are in their name, and they paid all of them fully for 2 years, but now they are asking to be reimbursed for all the water they used for 2 years after they moved out and the lease is complete. In total, the renter's had 4 cats and 2 dogs in a house that asked for no pets unless receiving permission. Also, they made adjustments to the house, changing fencing to accommodate 2 large dogs, removing vintage shelving from basement pantry, removing landlord furniture from the house after moving out, and adding an additional tenant to the household without mentioning it. You may wonder how as a landlord all this could happen without my knowledge? Well. the house is 200 miles from my home, each time I made attempts to do a walk-through (3 total) they were conveniently out of town. My question? If these renters's were planning to ask for the water bill to be reimbursed shouldn't they have done this while they were still renter's and not only as a result of hearing they would not be receiving their security deposit.? Do any of the breaches of contract they committed trump the entire agreement and place the lease in default and their rights to claim any part of it? Anyone have some light to shed on this one.?
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