gregorygarver.com

[Gregg5436]

This guy is relentless, even after my mortgage was declined and I notified him, he called me and sent a letter saying he'd sue because I was in "breach of contract" WHEN I DIDN"T EVEN HAVE A MORTGAGE APPROVAL YET!!! He said I had to buy the property. I recorded the conversation and am tempted to sue him for harassment. This is the second time he calls, the first time was after I tried to cancel the contract because I saw I was not going to be able to afford all the repairs needed after the inspection was done. I'm a 1st time home buyer and unfortunately made the decision a little too late, partly because I had the sellers realtor calling me constantly telling me I had to make a decision right away because I would lose the house since it was going into foreclosure. That turned out to be a lie. I have in my phone record all the evidence of their calls and that one recorded conversation.

[Terrier]

Read the contract, including the fine print. There should be a clause included that says if you aren't able to get a mortgage, you can cancel. Talk to a lawyer and see what he says too.

[EhDee]

It's good you have evidence. The real thing you have to look at is what your real estate sales contract says. Does it allow you to terminate it if you can't get a mortgage (mortgage contingency clause)? If it does - you are okay as long as your mortgage was declined and you were honest about your financial situation with the mortgage company and you submitted all required docs to the mortgage company.Where is your attorney in all this? You should never buy property without an attorney!Sometimes, people have an "inspection contingency clause" too. You can terminate the contract if he refuses to make all repairs that you ASK him in writing to make.If you had an attorney, you could refer him directly to your attorney. If he continues to call him, kindly tell him that you now consider his contact with you to be harassment and if he does not stop you will contact the police. Then, contact the police to get a restraining order against him.It sounds like you don't have to buy the property - but you have better abided by the terms of the contract and terminated the contract properly. If you didn't, then you will be obligated to purchase the property (this is why you should hire an attorney now and whenever you buy property).

[funstufforyou]

Given the cost of houses these days, any standard contract is predicated upon mortgage approval. If mortgage approval is denied, then the contract is rescinded, and even the deposits are refunded.If you entered into a non-standard contract, then it's a different problem, but as long as you don't have a deposit to lose, I wouldn't worry about it. It's not like you've irrevocably damaged his ability to sell to someone else. As always, though, if you find yourself served with a summons, then you definitely want to consult a lawyer.The harrassment issue, however, may be a criminal situation if he continues.

[cuttin_in_mcfly]

Desperate times make people idiots. Looks like you have learned a few lessons here.I doubt you can sue for a couple calls.