Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I have never had a client go through the process of using a magistrate but from what I heard, a lawyer is not used but I would imagine you have that option. Is your earnest money over $1,000? If not it might not be worth fighting over if you have to go through all that. Have you called the Realtors broker? I would try that and tell them the whole story because they may be able to help. I've seen quite a few incompentent agents, so going over their head may help. I really don't want to say that but unfortunately it's true. You can also call the magistrates office and ask some questions that may help. magistrate horry county sc - Google Search
Wow, this is really a bunch of rip off artists you're dealing with here. If I were you I would start playing hardball with these creeps. Start by sending a certified letter to the seller threatining a lawsuit. Most times just the threat is all you need. Send similar letters to the agent involved and to the agent's office manager. Mention the words "fraud", "misrepresentation", "breach of contract" and any other buzzwords you can think of. Also, call the agent's office, speak to the head person and threaten to go to the board of realtors to file a formal complaint unless you get your deposit back in full within 24 hours. Hope you get your money back!
In my state a Realtor, is a licensed sales person to sell real estate property, they have to work for a Broker, The Broker has the brokers license that the real estate sales person gets to work for them, its complicated a bit, also Realtor is a something a salesperson has to pay to have on their title, they belong to the Realtors Association.
In this case the Broker can get in trouble because of what the licensee is doing under his brokers license, they would have to know, and you would have to prove it to the state licensing department though.
What I'm getting at is call the Realtors main office, ask to speak to the BROKER, its his license they work under, tell him or her whats going on, he most likely doesn't know, ask him if he would handle this for you, or if you should file a complaint with the state licensing department.
Also did you keep a copy of the counter offer as it was presented to you,
or they can say there was no counter offer, that your still bound to your original offer.
1 Broker
2 Salesperson (Realtor, is a title )
Again this is in my state, I cant imagine SC not having almost identical sets of rules.
Good luck
Most of all din't worry about it, make your case to the Broker, next go to the State licensing board, they will make sure nothing shady was done.
And remember this 2 shall pass, its just a blip in your life right now!
One more thing ( Caveat Emptor ) I don't think is used for this purpose, buyer beware, you didn't look at the roof, and after the sale you are trying to get a new one,
or, you bought a second hand car, and didn't bother to look at the transmission falling out, or bought some land, and didn't bother to see if it was in a flood zone.
I can believe in the state of SC that they can give you a contract that says you pay $50.000 for a property, you sign and then they say oh poop I forgot, I did't get paid, I'm changing the contract,
and guess what Caveat Emptor buyer beware.
Thanks, but in this case it is the seller who won't sign the release form and allow the escrow agency to return our money. If I thought it was the seller's agent I would have contacted the broker and SC RE Commission already, they even have a complaint form online, and I still might do that. You see the seller has a license to practice law but he is in pre-foreclosure!! That tell you anything? He wants our deposit. He is a good old SC boy and we are out of state. Of course we didn't know this when we signed the contract, but he is out to metaphorically "kill" us two senior citizens from the north who have the audacity to walk away from the almost deal.
I will see him in front of the magistrate or whomever before I hand over the money I've saved to move south for so long.
Thanks for all your advice. I feel more courageous by hearing what we thought was the normal way of doing business. Surely a learned person such as a magistrate will see how ridiculous this is.
Both my cousins are in law, one is a State Judge, who is also my sons God father, and the other is in his own practice.
Lord knows they can be overbearing at holiday gatherings, and family functions, but it sure is nice to have them in the family
The Broker cannot just up and disburse your ernest money to the seller, it will remain in the brokers account earning interest until this is resolve by the Board.
Don't worry about it!
Also I don't think it has anything to do with being from up north, I think this guy is just crap, thats why he is reaping his rewards, like foreclosure.
Agree with Rapture...find a real estate attorney quick. But in the interim call their bluff and demand damages from the seller in addition to your security deposit. This is ironic becuase you may be able to sue for damages from the seller. Take a look at your contract. You may be able to force arbitration, which could be easier. Also keep in mind that if it goes to court the seller will spend $10k in legal fees.
Disagreements among parties in real estate transactions are quite common and there is usually formal language in the contract discussing the rights of the parties when this occurs. Sometimes the contracts allow for arbitration as a remedy. Regardless, your contract should state how these kinds of disputes should be handled and what your rights may be. It's worth the $300 to spend an hour with a real estate attorney to understand your rights and options for recourse.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
