Please see the attached which includes : 1. our agent's (Felicia E[redacted]) version of what happened which basically is the buyer refused to close and was told the seller intended to retain their earnest money. 2. Letter to buyer as required under Indiana Law notifying of...
seller's intent to retain earnest money3. copy of invoice from HVAC professional showing repairs made and expression of opinion about system being in good working order in support of seller's refusal to replace entire HVAC system. The seller was also providing buyer with a 3rd party warranty that would have covered any needed repairs for the first 12 months after closing. I don't know anything about the threat of a lawsuit for treble damages as the seller has no reason to pursue that particular remedy, especially now that their home has been sold to another buyer. Please let me know if you have any further questions or concerns.
Attached is a copy of the entire purchase agreement. To recap please note the following: Listing agreement was signed on June 12, 2016 under no duress. Having spoken with both owners, a divorce decree spelled out the condition to sell and was provided to the title company for preliminary...
title work. 3 offers were made during the listing period and 25 showings were completed Extensive marketing costs of the home can be calculated Offer accepted on October 4, 2016. Our mutually agreed upon closing date was October 21, 2016. Possession was to be surrendered on December 31, 2016 at 6pm. From October 21 - December 31, the seller was allowed possession of the property at no cost in order to vacate the premises (line 120-121). According to the contract she continued to pay for all utilities through the date of possession. Under Further conditions (line 387-389) noted was the home's exterior repairs were allowed to be made during the time of possession. Full knowing the property required extensive work to clear out contents, the following list, is a summary of the assistance me, my husband and the buyer provided to the seller: 10/22/16 I secured 75+ moving boxes for the seller and delivered to her front door Weekly contact with seller to ensure she was making progress - every Thursday. 11/6/16 Picked up items from seller for Good Will Early November - buyer's hired a gentleman and a large trailer to assist me & my husband to move her bedroom contents, large wardrobe & chaise to [redacted] in [redacted] 12/3/16 Personally delivered furniture to [redacted] Auction for seller Weekly offers were made to the seller to assist in clean up by the buyer and 2 dumpsters were set on the property for her use during the entire possession time frame. No reply from seller. Needless to say, this is not a comprehensive list of conversations, emails text messages, etc. I believe we all went above and beyond in assisting this seller - probably more than we should have in hindsight. Please let me know if you need more detail - happy to provide clarification. On January 1 I received a phone call from the buyer indicating he could not get entry into the home. I contacted the seller and asked where she had left the key. Upon entry the buyer informed me the contents of the basement had not been touched and that he would pursue the cost of clean up. I had no further conversations, or emails with the seller after January 1. Please let me know if you need anything further.John A[redacted]Vice President/Controller
Please see the attached which includes : 1. our agent's (Felicia E[redacted]) version of what happened which basically is the buyer refused to close and was told the seller intended to retain their earnest money. 2. Letter to buyer as required under Indiana Law notifying of...
seller's intent to retain earnest money3. copy of invoice from HVAC professional showing repairs made and expression of opinion about system being in good working order in support of seller's refusal to replace entire HVAC system. The seller was also providing buyer with a 3rd party warranty that would have covered any needed repairs for the first 12 months after closing. I don't know anything about the threat of a lawsuit for treble damages as the seller has no reason to pursue that particular remedy, especially now that their home has been sold to another buyer. Please let me know if you have any further questions or concerns.
Attached is a copy of the entire purchase agreement. To recap please note the following: Listing agreement was signed on June 12, 2016 under no duress. Having spoken with both owners, a divorce decree spelled out the condition to sell and was provided to the title company for preliminary...
title work. 3 offers were made during the listing period and 25 showings were completed Extensive marketing costs of the home can be calculated Offer accepted on October 4, 2016. Our mutually agreed upon closing date was October 21, 2016. Possession was to be surrendered on December 31, 2016 at 6pm. From October 21 - December 31, the seller was allowed possession of the property at no cost in order to vacate the premises (line 120-121). According to the contract she continued to pay for all utilities through the date of possession. Under Further conditions (line 387-389) noted was the home's exterior repairs were allowed to be made during the time of possession. Full knowing the property required extensive work to clear out contents, the following list, is a summary of the assistance me, my husband and the buyer provided to the seller: 10/22/16 I secured 75+ moving boxes for the seller and delivered to her front door Weekly contact with seller to ensure she was making progress - every Thursday. 11/6/16 Picked up items from seller for Good Will Early November - buyer's hired a gentleman and a large trailer to assist me & my husband to move her bedroom contents, large wardrobe & chaise to [redacted] in [redacted] 12/3/16 Personally delivered furniture to [redacted] Auction for seller Weekly offers were made to the seller to assist in clean up by the buyer and 2 dumpsters were set on the property for her use during the entire possession time frame. No reply from seller. Needless to say, this is not a comprehensive list of conversations, emails text messages, etc. I believe we all went above and beyond in assisting this seller - probably more than we should have in hindsight. Please let me know if you need more detail - happy to provide clarification. On January 1 I received a phone call from the buyer indicating he could not get entry into the home. I contacted the seller and asked where she had left the key. Upon entry the buyer informed me the contents of the basement had not been touched and that he would pursue the cost of clean up. I had no further conversations, or emails with the seller after January 1. Please let me know if you need anything further.John A[redacted]Vice President/Controller