Replies: 19
| visibility 4900
|
Orange Immortal [60158]
TigerPulse: 100%
60
Posts: 45324
Joined: 2003
|
Boys, in my 41 years as a Realtor I have only been in court one time when
17
17
Jul 12, 2024, 1:38 PM
|
|
my buyer sued the seller for the return on his $10,000 dollar earnest money deposit. The short and sweet is that my buyer backed out of the closing one day before the closing, stating he could not get financing. He had repeatedly told me and the sellers that he would close. He did not close, and the seller refused to return the earnest money. Now, I am just a Realtor and not an attorney, but by all standards my buyer breached the contract. Clear as a bell to me. However, he had a local attorney represent him in Pickens who was well....like Mattlock,simple and to the point. After a two day trial I think(it has been 20 years or more ago) both attorneys made their closing arguments and my client, guilty as he was in my mind....WON THE DAY..........
His attorney.....
Perry Gravely
Spud
|
|
|
 |
All-Conference [409]
TigerPulse: 100%
17
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
4
Jul 12, 2024, 1:43 PM
|
|
Hoping this is another huge win for the Tigers!!! Thanks for lifting my spirits!
|
|
|
|
 |
TigerNet Elite [75166]
TigerPulse: 100%
61
Posts: 13553
Joined: 2019
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
4
Jul 12, 2024, 1:45 PM
|
|
Good omen...
|
|
|
|
 |
110%er [4028]
TigerPulse: 100%
35
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
1
Jul 12, 2024, 2:28 PM
|
|
If the buyer could not get a loan, then his deposit should be returned.
|
|
|
|
 |
Orange Immortal [60158]
TigerPulse: 100%
60
Posts: 45324
Joined: 2003
|
He never applied for a loan....Do you think I am an idiot? Now, contracts state
Jul 12, 2024, 6:57 PM
|
|
that the buyer will apply by such and such a date.....
|
|
|
|
 |
Game Changer [1641]
TigerPulse: 100%
31
|
Re: He never applied for a loan....Do you think I am an idiot? Now, contracts state
Jul 13, 2024, 4:04 PM
|
|
How did seller loose? Did he have an attorney?
Nowadays, seems like communication during contract is better...everyone knows of buyer's success, or lack thereof, with seeking loan. Not to mention, buyer prequelified - not that that means it's a guarantee or there won't be last minute issues.
|
|
|
|
 |
Ultimate Tiger [33002]
TigerPulse: 100%
56
Posts: 18486
Joined: 2008
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
2
Jul 12, 2024, 2:42 PM
|
|
Aren't contracts written as "contingent upon obtaining financing" ? Not surprised the seller lost.
|
|
|
|
 |
Orange Immortal [60158]
TigerPulse: 100%
60
Posts: 45324
Joined: 2003
|
They are now. This was way back when...Keep in mind, when I first started
1
Jul 12, 2024, 7:02 PM
|
|
selling real estate, we didn't even have lock boxes....If you showed 5 homes,you had to go to 5 different real estate companies and pick up a key to the house, go show them,and then go take the keys back!
|
|
|
|
 |
Gridiron Giant [15467]
TigerPulse: 100%
50
Posts: 10818
Joined: 1999
|
At the time lock boxes became a thing you probably thought that was
Jul 13, 2024, 3:04 PM
|
|
better than sliced bread.
And cursed every house that didn't have one within 6 months shortly thereafter.
|
|
|
|
 |
Head Coach [919]
TigerPulse: 97%
24
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
6
6
Jul 12, 2024, 4:31 PM
|
|
I grew up with Perry. Do I get a thumbs up?
|
|
|
|
 |
Paw Warrior [5026]
TigerPulse: 97%
37
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
3
Jul 12, 2024, 4:43 PM
|
|
I know Perry as well. Played golf with him and his brother at Pickens on a few occasions years ago.
|
|
|
|
 |
CU Medallion [18792]
TigerPulse: 100%
52
Posts: 10935
Joined: 2016
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
Jul 12, 2024, 6:49 PM
|
|
Is he any relation to Mike Gravely that went to Pickens High and Clemson. Mike played LB at Clemson in the mid 70s?
|
|
|
|
 |
Paw Warrior [4782]
TigerPulse: 97%
37
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
2
Jul 12, 2024, 4:44 PM
|
|
I went to Clemson with Perry's son and nephew. We were all hallmates our freshman year in johnstone annex. Good times.
|
|
|
|
 |
110%er [4028]
TigerPulse: 100%
35
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
4
Jul 12, 2024, 4:49 PM
|
|
I went with John C. Calhoun.
|
|
|
|
 |
Orange Immortal [60158]
TigerPulse: 100%
60
Posts: 45324
Joined: 2003
|
|
|
|
 |
Orange Phenom [14954]
TigerPulse: 100%
49
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
2
Jul 12, 2024, 5:34 PM
|
|
Ernest money is worthless. All it does is hold up the seller if the buyer backs out of a contract.
*** TU to Spud for starting "Realtor" with a capital letter and "attorney" in lower case.
|
|
|
|
 |
Ultimate Tiger [35426]
TigerPulse: 100%
56
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
2
Jul 12, 2024, 6:38 PM
|
|
So you’re saying there’s a chance? Yes!
|
|
|
|
 |
Paw Master [17218]
TigerPulse: 100%
51
Posts: 17036
Joined: 2004
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
Jul 13, 2024, 4:49 PM
|
|
Was financing a contingency? If yes, buyer should get money back. If no, buyer agent should have included it in contract
|
|
|
|
 |
Orange Elite [5222]
TigerPulse: 100%
38
|
Re: Boys, in my 41 years as a Realtor I have only been in court one time when
Jul 14, 2024, 12:56 AM
|
|
WHO waits until the day before closing to tell you they didn’t get financing? Idiot didn’t deserve the money back 🙄
|
|
|
|
 |
Orange Elite [5222]
TigerPulse: 100%
38
|
|
|
|
Replies: 19
| visibility 4900
|
|
|