Hello Thanks for taking the time.
I have a legal question regarding a recent real estate negotiation involving my elderly parents.
I'll try to make it concise and easy to follow.
It was recently brought to my attention by my neighbor that a cabin near my house (Santa Cruz County, CA) was "for sale" by owner. The neighbor told me he made an offer for $50K but the owner (lives in San Carlos, CA) said his mother wanted $80K for the house. My neighbor told me this and I mentioned my parents are looking for a place near me so could I get the owner's number.
My sister call the owner and she offered him the full $80K for the cabin. He said great my mother will be very happy and that could she write that up in an offer and mail it to his mother. (my sister and mother are real estate agents. His mother and father are retired real estate agents) They created and mailed a CARR offer for the $80k.
From here it seemed like things would move smoothly. But after taking over a week to respond to my parents' written offer he left a message to say his mother now wanted $100K for the cabin. I gave him a call and he explained to me that his mother wanted $100k and I said my parents were willing to offer $90k. The son (in his late 40s or 50s representing his mother and father in their 80s) said great I'll let my mother know they are willing to up it to $90k.
We waited for over a week and then I texted him to find out what the update was. This is where things got a little shady. Please read the text messages back and forth and the notes afterwards.
ME: Hey R_____, any chance you were able to pass the offer by your mother? - Thanks, Adam
OWNERS SON: I was just getting ready to call you, Yes I did and she is firm on 100k.
Let me know what you want to do. Talking about putting it on the market
ME: Can you send that as a counter offer so that my parents can decide to accept? Also is there any chance to see inside. I'm two doors up L____ Ave next door to m____ little cabin... Thanks
OWNER"S SON: Yes I can . I will try to schedule you in this week. Don't know when yet . Maybe Friday.
ME: That would work out great. Would you be able to bring the counter instead of mailing it again?
OWNER'S SON: Yes , that would not be a problem .
ME: Cool. Thanks Randy. We'll plan on Friday.
OWNER'S SON: K, if any change ill let you know Thursday morning at the latest
ME: Sounds good.
What time on Friday?
OWNER'S SON: Looking more like Saturday around 2
ME: Ok. It looks like that will work for my parents.
Adam ,
OWNER'S SON: I just got off work and im home about to get cleaned up. Ill be running a little late. Its 1.5 hours to BC from my house in the city. Ill text you when im leaving .
ME: Ok thanks for the heads up.
OWNER'S SON: Ok on the road weather's bad should be there by 4 or earlier
ME: Ok sounds good.
OWNER'S SON: Talk to my mom , she would like you to send your offer in writing to the 5 Cypress ct address
ME: Ok, thanks. I'll let my parents know.
NOTES:
So basically after this conversation we met that Friday. After agreeing to bring a counter offer of $100k in writing from his mother acting on her behalf with her consent, he shows up at the house for sale to meet me, my sister, her husband and my two parents. We look at the house and he then presents the counter in writing from his mother as $110K. My parents said you said it would be $100k. He sort of shucked it off then my father said they would accept the $100k price and the son and my father shook on it.
At this point the son has written (in the above text conversation) that the firm price for the cabin was $100k and that he would bring that in a counter offer for my parents to accept at the Friday house walk-through meeting.
Today after we called him up, he announced that they have accepted another offer from someone else at $110K. Is the text messages of negotiation an inferred contract? In our eyes it was. Are we on any standing to require the sale of the house to my parents? My mother is concerned that his mother is elderly and that there are laws protecting the elderly but I reminded her that my father and her are 71 and 76 and have appeared to have been taken for a ride. Any thoughts or suggestions?
Thanks!
I have a legal question regarding a recent real estate negotiation involving my elderly parents.
I'll try to make it concise and easy to follow.
It was recently brought to my attention by my neighbor that a cabin near my house (Santa Cruz County, CA) was "for sale" by owner. The neighbor told me he made an offer for $50K but the owner (lives in San Carlos, CA) said his mother wanted $80K for the house. My neighbor told me this and I mentioned my parents are looking for a place near me so could I get the owner's number.
My sister call the owner and she offered him the full $80K for the cabin. He said great my mother will be very happy and that could she write that up in an offer and mail it to his mother. (my sister and mother are real estate agents. His mother and father are retired real estate agents) They created and mailed a CARR offer for the $80k.
From here it seemed like things would move smoothly. But after taking over a week to respond to my parents' written offer he left a message to say his mother now wanted $100K for the cabin. I gave him a call and he explained to me that his mother wanted $100k and I said my parents were willing to offer $90k. The son (in his late 40s or 50s representing his mother and father in their 80s) said great I'll let my mother know they are willing to up it to $90k.
We waited for over a week and then I texted him to find out what the update was. This is where things got a little shady. Please read the text messages back and forth and the notes afterwards.
ME: Hey R_____, any chance you were able to pass the offer by your mother? - Thanks, Adam
OWNERS SON: I was just getting ready to call you, Yes I did and she is firm on 100k.
Let me know what you want to do. Talking about putting it on the market
ME: Can you send that as a counter offer so that my parents can decide to accept? Also is there any chance to see inside. I'm two doors up L____ Ave next door to m____ little cabin... Thanks
OWNER"S SON: Yes I can . I will try to schedule you in this week. Don't know when yet . Maybe Friday.
ME: That would work out great. Would you be able to bring the counter instead of mailing it again?
OWNER'S SON: Yes , that would not be a problem .
ME: Cool. Thanks Randy. We'll plan on Friday.
OWNER'S SON: K, if any change ill let you know Thursday morning at the latest
ME: Sounds good.
What time on Friday?
OWNER'S SON: Looking more like Saturday around 2
ME: Ok. It looks like that will work for my parents.
Adam ,
OWNER'S SON: I just got off work and im home about to get cleaned up. Ill be running a little late. Its 1.5 hours to BC from my house in the city. Ill text you when im leaving .
ME: Ok thanks for the heads up.
OWNER'S SON: Ok on the road weather's bad should be there by 4 or earlier
ME: Ok sounds good.
OWNER'S SON: Talk to my mom , she would like you to send your offer in writing to the 5 Cypress ct address
ME: Ok, thanks. I'll let my parents know.
NOTES:
So basically after this conversation we met that Friday. After agreeing to bring a counter offer of $100k in writing from his mother acting on her behalf with her consent, he shows up at the house for sale to meet me, my sister, her husband and my two parents. We look at the house and he then presents the counter in writing from his mother as $110K. My parents said you said it would be $100k. He sort of shucked it off then my father said they would accept the $100k price and the son and my father shook on it.
At this point the son has written (in the above text conversation) that the firm price for the cabin was $100k and that he would bring that in a counter offer for my parents to accept at the Friday house walk-through meeting.
Today after we called him up, he announced that they have accepted another offer from someone else at $110K. Is the text messages of negotiation an inferred contract? In our eyes it was. Are we on any standing to require the sale of the house to my parents? My mother is concerned that his mother is elderly and that there are laws protecting the elderly but I reminded her that my father and her are 71 and 76 and have appeared to have been taken for a ride. Any thoughts or suggestions?
Thanks!
Purchase Contracts: By Owner Shady Negotiations
0 commentaires:
Enregistrer un commentaire