In an effort to not give into self pity, as I am predisposed to, and not going around humming all day Bad Day, I have composed the following letter. Since because of ethical reasons, we can not contact the other person directly, we are storming heaven for justice in this matter.
Dear Ms Pastor,
It was our every intention to buy your home. We loved it and still do. For some reason, whatever that may be, we were not able to sell our home. That is why we entered a CONTINGENT contract with you. We even extended the contract hoping that ours would eventually sell. That is not the case and the contract has ended.
We have been informed that you want our earnest money. Why? It is not yours; it is ours. We have also been informed that since you have requested the money and so have we, because it is ours, the title company has to turn it over to a judge to decide.
We are Christians. We should be able to settle this without going to court. Let me draw your attention to the following from Luke:
Jesus said to the crowds,
“When you see a cloud rising in the west
you say immediately that it is going to rain–and so it does;
and when you notice that the wind is blowing from the south
you say that it is going to be hot–and so it is.
You hypocrites!
You know how to interpret the appearance of the earth and the sky;
why do you not know how to interpret the present time?“Why do you not judge for yourselves what is right?
If you are to go with your opponent before a magistrate,
make an effort to settle the matter on the way;
otherwise your opponent will turn you over to the judge,
and the judge hand you over to the constable,
and the constable throw you into prison.
I say to you, you will not be released
until you have paid the last penny.”We do not wish to go to court. We are sorry the way things have turned out. We really do love your home and wish we were already there. We do not wish to sue you or your agent for what is rightfully ours. Would you please release our money?
Even if for some reason this were to go to court and we were given our money back, just think of all the time, money and effort that was wasted. It is rightfully ours. Would you please reconsider?
God Bless
Us
Asking St. Joseph to help you out!
BTW, we purchased our current home back in Nov of 05, put money down, signed papers and THEN found out that about half of the things that our realtor KNEW were nonnegotiables with us and the sales person told us we would have, were lies. (I’ve since found out that this is common with builders sales reps.) We were lied to just to get us to sign a contract. Hindsight: we should have walked and lost the money, because right now, after the realestate mess, we’ve lost many many times what we put down if we needed to sell the house today. We will be living with the home for years. And I am grateful for the home, just not the nonsense.
Is it possile to extend the contract while the owner takes back up offers? That way their house is still on the market as yours is and if it sells first you are released from owing anything?
By: Laura on October 28, 2008
at 9:31pm10
A contingent contract is really no more than a “I am really interested” offer because she could accept offers and we would have had 15 days to say yes or no. She has had no other offers. We had extended. Ours just isn’t selling. So we were letting the contract end and when we got a firm offer start over. She is either ill informed or mad. There is no way a judge would let her have that money. No way BUT it could cost us money to get it back.
That is bad about your house! I bet you could have fought that if you wanted to.
I think after we bought our first home, I feel more comfortable of backing out if I didn’t like something. Something you learn with experience.
By: opey124 on October 28, 2008
at 9:31pm10
I do hope she releases the funds. Hopefully your agents can negotiate for you without going to a court.
My mil is an agent, and double ended a “deal” that was similar. The deal fell apart. It wasn’t pretty and I have no words of wisdom for you.
Once again, I’ll pester St. Joseph for you and your family.
By: Laura on October 29, 2008
at 9:31pm10
Thank you.
Yes, we have less than 14 days before it is turned over to the court. Our agent is doing all she can.
By: opey124 on October 29, 2008
at 9:31pm10