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July 8, 2008

Seller sold builing without brokers knowledge.

This may be a silly question but any feedback would be appreciated. We made an offer on a brownstone in Bed Stuy, offer was accepted as we are working through the contract the broker calls to tell us the seller has sold the building to an all cash buyer without his knowledge. Do we have any recourse or is this just the NY real estate jungle?

Comments

See yesterday's thread on this. The house is gone, as in, not yours, never going to be yours.

And you have an attorney - ask your attorney if there's any way you can recover any of your expenses (for inspector, etc.). You don't want to take that legal advice from this board - or from anyone but your attorney.

Posted by: guest at July 8, 2008 6:36 PM

Any chance the all cash buyer was a broker?

Posted by: guest at July 8, 2008 6:56 PM

An accepted offer is not legally binding. Agree with 6:36 re: consulting your attorney to recoup expenses. If you really love the property, next time do whatever you can do expedite to signed contracts. Until then the apartment may be fair game, and many brokers--in the interest of the seller--will continue to show and even hold open houses until contracts are fully executed.

Posted by: housebywe at July 9, 2008 10:23 AM

Exact same thing happened to me in 2005 for 161 Decatur. Or so I was told by the broker (always wondered).

No recourse. They did you a favor though. Why on Heaven's earth would you buy in this hood, in this market? You'll get the same price in Clinton Hill if you wait a few years.

Posted by: guest at July 9, 2008 6:18 PM

If you think you may be able to prove that the broker actually had knowledge about this transaction before you spent money on things like the attorney's fee or the inspection then it is possible that you can call their manager and ask the agency to repay you for this amount -- but only if they concealed this information from you and you asked directly whether this property had any other offers or something like that. Brokers cannot lie. That is against the law. I know, I know let the jokes begin. But most brokers take their job seriously and know that since they are licensed by the state they must obey the law. Or else.

Posted by: guest at July 9, 2008 7:23 PM

What does "working through a contract" mean? you had absolutely NOTHING. What expenses could of incurred? The seller's attorney usually prepares the contract. Any proffesional inspections should be done AFTER an executed contract. Your hopes may have been dashed, BUT as far as recourse: GTFOH.

Posted by: guest at July 10, 2008 9:32 AM

9:32-Nobody does their inspection in brownstone Brooklyn after the contract is executed. It happens after the accepted offer, which is not legally biding. Out in the burbs it happens the other way. Not here. Market is still hot enough for this to continue indefinitely. Also I still see very hot properties where multiple parties do inspections prior to an accepted offer even. This is rare. And when I have seen it the broker disclosed the fact that it is the buyer who is risking his/her money because their bid might not even get accepted. But then if they still want to bid on a property after an inspection they have a leg up on the compeition who will still need or want to do an inspection after they get the deal.

Posted by: guest at July 11, 2008 12:22 AM

There's definitely a good amount of money a buyer can spend in the time between an accepted offer and the contract signing (fully executed by BOTH parties). 9:32 sounds like they are a seller who has un-accepted an accepted offer without timely upfront communication with the potential buyer or their own agent....hence in danger of paying for expenses. Why on earth would you do an inspection AFTER you signed a contract unless you had an inspection contingency?? As if that would ever happen. You can still negotiate and reconsider your options (just as the seller can) BEFORE the contract is signed so it makes perfect sense to have your mechanic look at the used car BEFORE you put down an almost non-refundable deposit. And the Attorney is responsible for many hours of "due diligence" BEFORE the contract is signed, duh. We're now talking about a couple thousand dollars already depending on if the seller pulled out two days after accepting or closer to two weeks after.

Posted by: guest at July 11, 2008 11:48 PM

Until you have a fully executed contract, you have bupkis.

I mean you have trust, but ... you have bupkis. It isn't nice for someone to do that, but that is the deal. It blew my mind to be paying an inspector before I had a contract but it seems to be standard.

Posted by: serpentor at July 29, 2008 4:54 PM

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