What Made you Smile/What Ticked you off Today?

[prfsnl_gmr]

So yesterday I involved my realestate agent asking why she sold me a house if she new an HOA was there when she told me there wasnt one. Apparently the selling agent lied to her to close the deal. So her company is about to sue the selling agents company on our behalf. So itll be more fun.

I hope I'm wrong, but this isn't happening. When you signed on the line, the deal was done. I don't think Buyer Beware applies more to anything than it does when coming to the purchase of a house.


I totally understand your frustration though.

Don't worry. You're wrong.

I am unfamiliar with Tennessee law, but in most states certain undisclosed, not readily apparent conditions are grounds for rescinding a contract to purchase a home. Likewise, a misrepresentation by a seller regarding material terms of a contract is also a basis for rescinding it (or for a fraud claim).

You may have to act quickly, however, and you should not rely on your buying agent to protect your interests. If the HOA was a deal-breaker for you, then your agent probably had a duty to independently verify that the property was not subject to an HOA. Offering to sue "on your behalf" sounds like a ham-fisted CYA measure, and although it would depend on the terms of the agreement with your agent, I doubt that they actually have authority to sue "on your behalf."

Accordingly, you may want to consult with an attorney regarding your rights in this situation. You might also want to review the closing documents to determine whether they reveal the presence of an HOA. (Your case against the seller and the selling agent will be a lot stronger if the closing documents do not reveal the presence of an HOA.)

[fastbilly1]

So yesterday I involved my realestate agent asking why she sold me a house if she new an HOA was there when she told me there wasnt one. Apparently the selling agent lied to her to close the deal. So her company is about to sue the selling agents company on our behalf. So itll be more fun.

I hope I'm wrong, but this isn't happening. When you signed on the line, the deal was done. I don't think Buyer Beware applies more to anything than it does when coming to the purchase of a house.


I totally understand your frustration though.

Don't worry. You're wrong.

I am unfamiliar with Tennessee law, but in most states certain undisclosed, not readily apparent conditions are grounds for rescinding a contract to purchase a home. Likewise, a misrepresentation by a seller regarding material terms of a contract is also a basis for rescinding it (or for a fraud claim).

You may have to act quickly, however, and you should not rely on your buying agent to protect your interests. If the HOA was a deal-breaker for you, then your agent probably had a duty to independently verify that the property was not subject to an HOA. Offering to sue "on your behalf" sounds like a ham-fisted CYA measure, and although it would depend on the terms of the agreement with your agent, I doubt that they actually have authority to sue "on your behalf."

Accordingly, you may want to consult with an attorney regarding your rights in this situation. You might also want to review the closing documents to determine whether they reveal the presence of an HOA. (Your case against the seller and the selling agent will be a lot stronger if the closing documents do not reveal the presence of an HOA.)

They do not state anything about an HOA. So I guess I will fire them over to the family attorney and see what she says about it. I did not want to engage her since it will cost me, but Ill keep yall informed.

[Luke]

Don't worry. You're wrong.

Ever since I got married I get that a lot.

I chatted with my lawyer and he basically said "I'm not familiar with Tennessee property laws, so I cannot offer you or your friend legal advice. Off the record I will state that your friend may need some very deep pockets if he plans on taking an HOA to court".

He also mentioned that on the upside, legal fees may be the sellers obligation. Nothing promised of course.

[fastbilly1]

Understood Luke, and appreciated. We are not planning on suing the HOA though, we may sue the selling agent.


Anyway, enough of this. Change topic back to topic.
Ticked - I am kicked out of our contract database until next week, per my director there is nothing they can do before then.
Smile - That means I just show up to work and goof off online, per my boss. I do the majority of my work in the contract database, and since my sales team is 150% to goal for the month, I get to openly do nothing in the office. I am thinking about reading Neuromancer again, since its been about 10 years.

[Retrodude]

Ticked - I am kicked out of our contract database until next week, per my director there is nothing they can do before then.
Smile - That means I just show up to work and goof off online, per my boss. I do the majority of my work in the contract database, and since my sales team is 150% to goal for the month, I get to openly do nothing in the office. I am thinking about reading Neuromancer again, since its been about 10 years.

You must have an awesome boss, man. I imagine most places would tell you to stay home for the week.

[Luke]

This will make all of you smile:



"Three Germans walk into a bar..."

[fastbilly1]

Ticked - I am kicked out of our contract database until next week, per my director there is nothing they can do before then.
Smile - That means I just show up to work and goof off online, per my boss. I do the majority of my work in the contract database, and since my sales team is 150% to goal for the month, I get to openly do nothing in the office. I am thinking about reading Neuromancer again, since its been about 10 years.

You must have an awesome boss, man. I imagine most places would tell you to stay home for the week.

Funny story about that, my actual boss quit three weeks ago, and I am "forced" filling in for him so I have to be in the office as a physical presence. In corporate America it is more about appearance than anything.

[prfsnl_gmr]

Don't worry. You're wrong.

Ever since I got married I get that a lot.

My wife, who is also an attorney (and knows how to build a very good argument), gives me that a lot too. Our children are also following in our footsteps, and our daughter will - bless her little heart - argues about everything. Here is a basic transcript of a conversation between my wife and daughter the other night:

Wife: "I have had enough of you today!"
Daughter: "No! Mama! No! You're wrong!"
Wife: "What?"
Daughter: "It's not daytime!"
Wife:
Me:

[Ack]

My wife, who is also an attorney (and knows how to build a very good argument), gives me that a lot too. Our children are also following in our footsteps, and our daughter will - bless her little heart - argues about everything. Here is a basic transcript of a conversation between my wife and daughter the other night:

Wife: "I have had enough of you today!"
Daughter: "No! Mama! No! You're wrong!"
Wife: "What?"
Daughter: "It's not daytime!"
Wife:
Me:

Remind me in 20 years to hire your daughter as my lawyer.

[prfsnl_gmr]

She is like this every day...every...day...and she argues over everything that she does not want to do. I just hope that her little brother - who is only one and does not know too many words - is a little less argumentative.