| |
 Dear George: I received an e-mail from an individual selling a residential lot for $99,900. I met with the seller the next morning, and we verbally agreed on a price of $97,000 and shook hands. I gave her a $1,000 check as an earnest money deposit. The next day, she called and said she wanted the full $99,900 and that she would return my check. I told her I would pay $99,900; she said she had other interested buyers and no longer wanted to sell for $99,900. Do I have any recourse against the seller?
Answer: Sam Goldwyn had a great saying that is very practical in real estate transactions: "An oral contract isn't worth the paper it's printed on." The vast majority of situations involving the purchase or sale of real property in Texas require a written agreement signed by both parties to the transaction. The law that makes this a requirement is called the statute of frauds. Move on to another property, and have a Texas REALTOR® assist you in any further transactions.
Dear George: I bought a home three months ago that was inspected by a licensed house inspector. I have since discovered two water leaks, one from faulty flashing around the chimney and one somewhere in the slab, and I had to replace the water heater. Can I go after the inspector and the previous owner?
Answer: You can file a complaint against any real estate licensees involved in the transaction as well as the licensed inspector at the Web site of the Texas Real Estate Commission. However, if a REALTOR® was involved in the transaction, the Texas Association of REALTORS® Ombudsman Program provides a faster, more reasoned approach than filing official complaints as your first move. It's possible that your cause of action may not be against the inspector or REALTORS® but the seller, if the seller concealed facts regarding the property's condition. However, if a REALTOR® knew of the seller's misrepresentation or concealment regarding the property's condition as conveyed in a Seller's Disclosure Notice, that REALTOR® could also be held accountable. Call the Texas Association of REALTORS® at 800/873-9155 and ask to speak with someone the Ombudsman Program.
|
|
Dear George: I recently extended the driveway of a home I purchased in 1997 onto a blocked-off street that borders my property. This street appears to have been designed to provide access to another subdivision, but it hasn't been opened up for this purpose. I never realized this street was owned by the neighboring community, nor did my homeowners association advise me of such when I received its permission to extend my driveway; I also secured a city permit and used a city-certified driveway and sidewalk contractor. I just received a certified letter from the legal firm representing the neighboring homeowners association, advising me they own this street in its entirety—the part within their gated confines and the part in my ungated community—and that my future use of this street to enter and exit my property via my new driveway extension is solely at their discretion. They further advised me that with or without future warning they reserve the right to move the barrier fence to a location that could block my use of any part of this street. Do I have any rights under the Texas adverse possession law that would protect my future use of this street?
Answer: Probably not. The Texas adverse possession statutes require open, notorious and hostile use to the exclusion of others. It must be so open and hostile (but peaceable) that another party would be on notice of the claim. From what you indicated, it was merely used for street purposes by everyone, including you. That is not enough to claim adverse possession.
Dear George: I signed a listing agreement with a REALTOR® to sell my condo. The following week, he told me that he wanted to buy it and started making offers. This went on for several days: I would agree to a price, and he would change his offer repeatedly. We finally made an appointment to meet at his office to work out a final price and sign paperwork. I took time off from work to be there, and he called me an hour before the appointment to cancel. In my opinion, we have a conflict. He is not working in my best interest as his client. I've told him that I would like the contract to be terminated for that reason. He disagrees and also wants me to pay his full commission. His broker is not returning my phone calls. What can I do?
Answer: If what you allege is correct, your listing Realtor has a conflict of interest, is not representing you as required by law, and has exceeded the authority you have granted to him; his broker is also liable for all authorized acts of your listing agent. Contact the Texas Association of REALTORS® at 800/873-9155 and ask to speak with someone regarding TAR's Ombudsman Program.
|
|
