Slimpsy1647545505 Posted April 8, 2009 Report Share Posted April 8, 2009 (edited) UPDATE::: Got $2000 of the 2500 back. So this is kind of a long read, but I'd really like to know opinions on this if you are bored and have any ideas. So anyway. My wife and I were looking at buying a new home. . we found one we really liked. We went through the bank and tried to get a good loan, but right now we just can't get a good rate so we were looking at options for land contract with options to buy in a year or two. So we found this beautiful house, which conveniently placed out front had a sign with "rent to own". Awesome. We called about it, the people seemed nice and legit, and gave us the combination to the lockbox on the door. We looked at the home, perfect. Lets look into this more. So we called them and said we'd like to work a contract out. They said, "Well we can't do anything this week, we're getting ready to go to Cancun for a week vacation. . . would you be willing to put down a deposit of 2500 for us to take it off the market and hold it for you?" This was without going over any paperwork or anything and I was like "I'd prefer we went over the details before committing to anything." So they say "Well it's lease to own, we request a down payment of 5K which will go towards buying the home at fair market value within a year, and part of your payments will go towards buying the home." We then gave them our personal details so they could run a credit check and all that fun stuff and they said they would call us the next day. So they call us back the next day and said everything checked out. And after we thought about it for a day, we decided we would put the money down for them to atleast hold it for us while they were gone and sotp taking calls on it. But I was assured if things didn't work out we would get a refund. So my wife goes and meets them and gives the 2500 CASH!!! (WHYYYYYY..I do not know, I told her to write them a check, but apparently they worked her over the phone when I was working and said they preferred a cash deposit.) They meet her at a half-way point between us and them and give her a receipt. . they didn't even get out of their vehicle to greet my wife but did give her a receipt. My wife, being over-eager didn't read the receipt, but they explained it to her like this "If we decide not to do the contract upon returning from vacation, then we will refund your 2500 in full." And asked her to sign it, and they signed it. AT THE BOTTOM IN FINE PRINT OF THE RECEIPT IT READS "If you decide not to move forward with the lease option, this money paid is non-refundable." They did not go over this fine print, and sadly my wife did not read it when she was asked to sign the receipt. After I get home and read the receipt I'm pissed. But figure, what the hell. . we want the house. After another day, we were going over the house and our future options with purchasing it and we decided that we would be better off waiting to get a home and staying in the house we rent now. I call them, and tell them and ask if we can get a refund, or even a partial refund since they in theory "held it" for a day. . as we've changed our minds. . . they say any money you gave us we will not refund to you, and hung up. I AM INCREDIBLY PISSED. I know their names and know where they live. I really don't know what my legal options are if any since my wife signed a receipt. Any ideas guys? I think I'm probably fucked here. Edited April 14, 2009 by Slimpsy Quote Link to comment Share on other sites More sharing options...
MrMeanGreen Posted April 8, 2009 Report Share Posted April 8, 2009 Get a new wife. Quote Link to comment Share on other sites More sharing options...
Slimpsy1647545505 Posted April 8, 2009 Author Report Share Posted April 8, 2009 Get a new wife. I know, right. No clue what to do. Quote Link to comment Share on other sites More sharing options...
Slimpsy1647545505 Posted April 8, 2009 Author Report Share Posted April 8, 2009 I found the house online after doing some research http://we-sell-jwatts.successfast.net/property/index.cfm?ID=54056&start=1&sc=10037&propertytype=&winpop=0&show=1&listingsperpage=5 That was the property. And the people who scammed us. I wish I would have seen this first. What a sweet website address. *sigh* Oh and here's where the people live. . . apparently they make a killing. http://www.zillow.com/homedetails/birds-eye-view-map/33800374_zpid/#birds-eye-view Quote Link to comment Share on other sites More sharing options...
dover Posted April 8, 2009 Report Share Posted April 8, 2009 I would seriously get legal consultation, and if something can't be done legally, well there are alternatives. I hate to see people getting fucked like this. Quote Link to comment Share on other sites More sharing options...
hot_wire Posted April 8, 2009 Report Share Posted April 8, 2009 Sounds like they covered themselves pretty well. Can't stop payment on cash, and since she signed the dotted line, I really doubt that you can sue. That's breach of contract. With legal options exhausted, I'd hire a professional burglar to the the $$$$ back.... Quote Link to comment Share on other sites More sharing options...
Slimpsy1647545505 Posted April 8, 2009 Author Report Share Posted April 8, 2009 Well they said over the phone we could have a refund for one. . and then to not go over the receipt and not even get out of the vehicle and make my wife sign as if they were "in a hurry". There has to be something I can do. Other than the obvious threats/showing up at their doorstep. Quote Link to comment Share on other sites More sharing options...
dover Posted April 8, 2009 Report Share Posted April 8, 2009 Stating you could have a refund on the phone is in tern a verbal contract, I mean granted it may or may not hold up in court it is a leg to stand on (a very shaky leg). It sounds to me they do this often and that is how they make a extra cash. Seemed very well staged and setup. I would consider contacting the law to be honest. Extremely shady stuff right there. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted April 8, 2009 Report Share Posted April 8, 2009 WOW, thats a big house they live in. Honestly it sounds like you got fucked hard and by someone who seem's like they didnt "need" the money. Sure you can consult a lawyer but I would definitly seek an alternative after he tells you there's nothing he can do. No way in hell I would just let someone fuck me over like that. Quote Link to comment Share on other sites More sharing options...
JaSSon Posted April 8, 2009 Report Share Posted April 8, 2009 LOL...a friend of mine from highschool lives next door. Really, no jokes. Edit: Wait, looked again. It's 2 houses to the right with the concrete driveway and the pond and big barn. I've had sex in that basement before. Quote Link to comment Share on other sites More sharing options...
Stallion Motorsports1647545491 Posted April 8, 2009 Report Share Posted April 8, 2009 I've had sex in that basement before. that increases property value right? or only if she was hot? to the op, good luck getting any or all of that money back. the bad news is they have a signed document stating the details of any agreement you set up. it isnt a police matter because it isnt a theft. maybe contact a attorney that does free quotes. tom Quote Link to comment Share on other sites More sharing options...
KillJoy Posted April 8, 2009 Report Share Posted April 8, 2009 A lot of down payments are like this. It WAS a contract, signed by your Wife. She should have read it, before she signed it. I am not sure why / how the "law" would get your $$$ back. KillJoy Quote Link to comment Share on other sites More sharing options...
TheHaze Posted April 8, 2009 Report Share Posted April 8, 2009 Perhaps threatening to bring them to court will make them want to settle out of court. Quote Link to comment Share on other sites More sharing options...
Browning Posted April 8, 2009 Report Share Posted April 8, 2009 That's shitty. Can't understand why the hell she would do that with cash though. Call judge judy Quote Link to comment Share on other sites More sharing options...
Linc5.0 Posted April 8, 2009 Report Share Posted April 8, 2009 perhaps take real estate investor out of your occupation.... Quote Link to comment Share on other sites More sharing options...
Benner Posted April 8, 2009 Report Share Posted April 8, 2009 burn that fucker down. Quote Link to comment Share on other sites More sharing options...
Mojoe Posted April 8, 2009 Report Share Posted April 8, 2009 Fact is they are in their right. Are they dicks? Hell yes! The reality of that reciept being writen that way is to compensate them for you changing your mind and missing out on an other wise potential buy. After all, they did take it off the market. Here's where I would go with it. What did they do to take it off the market? Had anything really changed in the one day? Did they call and cancel advertizing. Did they take a sign out of the yard? Did they do nothing? If they did nothing than seek councel, or go to civil court and call them every name in the book, while kicking them in the shin. You really may only get a judge to agree that they could have done things better. But for $65 ,and the inconvience of them having to go to court, you may have some peace of mind. And of course there is always $2500 in tire replacement. Quote Link to comment Share on other sites More sharing options...
supldys Posted April 8, 2009 Report Share Posted April 8, 2009 Hire a PI or some kind of lawyer that does this stuff that can find out if they've done this to several other people. if so you'll have a better chance. Bummer is, if you don't get your money back or they cant prove anything, you'll be out even more. And what joe said Quote Link to comment Share on other sites More sharing options...
1fast5gp Posted April 8, 2009 Report Share Posted April 8, 2009 Get a new wife. +1 $2500 in cash is a lot of money to not read the contract that you are signing. Quote Link to comment Share on other sites More sharing options...
Putty Posted April 8, 2009 Report Share Posted April 8, 2009 You know where they live..they won't give cash back. I suggest vigilante justice. Make those mfas have to put money out on everything they leave outside including the house, if you know what I mean. F that! Quote Link to comment Share on other sites More sharing options...
John Bruh Posted April 8, 2009 Report Share Posted April 8, 2009 lets all go piss in their pool! Quote Link to comment Share on other sites More sharing options...
Main3s Posted April 8, 2009 Report Share Posted April 8, 2009 +1 $2500 in cash is a lot of money to not read the contract that you are signing. +2 I know it's too late now but a few red flags that jumped out at me are. If they were going on vacation and couldn't sit down with you to go over a formal contract then why would you be concerned about them actually selling the house while they were gone? After all if they were honest sellers in the first place then don’t you think if they knew they had a potential buyer in you they would contact you first once they got back? It just doesn’t add up. They don’t want to sit down with you, because they’re leaving for vacation and don’t have time, but while they’re on vacation they have time to sell the house…? I’d say forget that, look me up when you get back and if we’re still interested go from there. Red flag 2 is wanting cash for a deposit. Why would someone insist on cash? If they were legit business people then why not a check, and if it was because they didn’t trust you then why would they do business/ rent to you in the first place? 3rd flag is the very informal and rushed meeting arrangements to go over something like buying a house? Seriously…Maybe the only thing you get out of this will be a hard lesson learned. I would try to work something out with them one on one first. Explain to them your situation and concerns in a calm manner (assuming they’ll listen) about feeling rushed and not being made aware of the fine print. Let them know you see where they’re coming from and why they would want a non refundable deposit but that you let them know the next day and didn’t wait until the house was off the market for 2-3 weeks. If they are decent people maybe you can work something out. If not I would get legal advice instead of CR advice. I deal with contracting people on a somewhat regular basis and we always have to “negotiate in good faith”. I can’t go over a contract in my car. I’m no lawyer but there might be some loop hole, signing a contract from car to car while dealing with lager amounts of cash seems more like a hit man contract rather then a home buying contract, maybe a judge will see it that way too. Good luck though. Quote Link to comment Share on other sites More sharing options...
Mojoe Posted April 8, 2009 Report Share Posted April 8, 2009 (edited) On another vengful note. You just paid $2500. why not use the house. They are on vacation. You could go sleep in their bed, fuck the couch, shit in the toilet, eat all the food, and have a huge party. Let them come home to the aftermath. And if you have to break a window to get in, so be it. Warning: Be advised the above actions could get you in trouble and cost you more money in the long run. Edited April 8, 2009 by Mojoe spelling Quote Link to comment Share on other sites More sharing options...
thorne Posted April 8, 2009 Report Share Posted April 8, 2009 I've got an AK47 for sale. Quote Link to comment Share on other sites More sharing options...
Kevin R. Posted April 8, 2009 Report Share Posted April 8, 2009 Sounds like your wife signed a pretty valid contract to me. GL Quote Link to comment Share on other sites More sharing options...
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