I think this is a lot of it. I've thought that all along. If he can just get back in the house he will feel like everything is ok. Wonder how he is going to feel when he moves back in with half the furniture gone? And ds's bedroom empty of all furniture and toys? And no money left to buy replacement stuff? Should be interesting indeed

Um, yeah, that's kind of fraudulent to offer something for sale at a price and then refuse to sell it at that price. Is it in your settlement agreement about the home? It's either off the market, or available for sale, right?

You should sue WH for the $5k you lose by agreeing to allow him to buy you out. But of course, if there is no legal agreement re the house...then you have no recourse. Placing a property for sale without intention of selling it? I'd accept the offer yourself, then sue him if he refuses to agree to sell the house he agreed to sell!

It's not something they can sue over...give me a break. For all they know you have 6 full price offers to choose from! You don't HAVE to sell it at all, even if it's "available." Til you sign a contract for sale there is nothing they can do- you're not contractually obligated.

You did not place it for sale without the intention to sell it. You're just considering offers.

But I agree about your idiot XWH. Have your attorney contact his with a time limit for producing a written offer.

The lovely judge we had didn't order anything regarding the house. The divorce was final the end of November and the judge told us to 'go work it out.' with regards to the house. Um, hey Judge, Your Honor....do you think maybe if we could have worked it out we would have already done so? Ya think?

So we left court in late November and WxH had to keep making house payment...he got an appraisal on his own that was $30K lower than the full price offer I just got. He petitioned the court and got a date in June to drag me back in front of the judge to force me to sell out to him for that low ball offer based upon the 'professional appraiser.' But before he could get me back in court, we got this great full price offer...so wow does he look stupid. Hee hee. I love it.

Our state requires we both agree before we can sell it....I would take the full price offer in a heartbeat. He is an idiot for not taking it. Bless his heart.

Spoken like a true Southerner!

I think you should take the full price offer!

I wondered if anyone would catch my southernism...

And if only I could accept the full price offer. Unfortunately he has to accept it too.

I've had the best time today messing with Wxh. Got another person wanting to see the house tomorrow....and until I have a written offer with a real signature from Wxh I have to keep showing the house. So I sent him a text telling him that I'm showing the house again tomorrow.

His reply..."We agreed on the buyout amount and I have signed the financing paperwork. I will not sign off on any other offer and will seek legal action against you and any realtor associated with a potential breech of contract. Just FYI."

I responded back, 'Huh? I will sell out to you 4 the amount we discussed. Still waiting on the signed offer that will make that legal. As for you taking legal action against me...4 what? Breech of contract? More likely this full price buyer will sue u 4 signing a listing agreement you had no intention of honoring.'

It went on and on...him with his illogical mind...me LOL everytime I got a text from him.

I feel 99% sure it is all going to go through with the buy out he and I discussed...but he is so stupid...I wonder how he makes as much money as he does.

SW -- What if WXH buys you out -- at the lower price -- then resells the house at a higher price?

Won't that screw you out of the fair market value of your home?

It sounds funny that he will buy you out at such a low price when, obviously, the house if worth more -- hence the offers. Are you getting something else in return -- like him taking over other debt?

SW:

Your doing the RIGHT thing.

Just make him come to the table.

He can "flip" it. Sell it to another buyer immediately, with a new contract. But I think.... Your realtor has some recourse against that process here. He signed the listing agreement, right?

Sucks to be him...

LG

It is only $10K more total. And the fact is I did agree to let him buy me out BEFORE the full price offer came in. My issue is not that I should have to honor my deal with him, but rather HE is so spiteful, stupid, clueless (shrug) that he would turn down a FULL PRICE offer in this market just to prove he can. Especially after his little whinefest Friday night when he told me he was going to be so strapped with this bigger payment and he is sooooooo afraid he is going to lose his job....what an idiot.

He already got stuck with $10K in credit card debt---but that was a seperate issue from the house. I actually am very pleased with how my settlement has worked out. I have plenty to get a small but nice house for ds10 and me and my payment will only be about $350 a month. If I start making some money I can double that easily and have it paid for by the time cs runs out and if not hey, $350 is cheap so I can surely manage it.

I also will have plenty of cash left over to put back in an emergency fund while I get going in the work force (real estate). In the meantime cs and alimony is plenty for me to meet my monthly obligations. I have the alimony for 3 years.


Doesn't change the fact that XWH is an idiot. I hope he does flip it immediately. Then I would have everything I wanted...including him NOT in our dream house.

I don't think I have recourse because we did agree on the deal...and I won't deny that even though we don't have a formal contract YET. He at least has to match the $220K offer...that is so sweet considering he was about to drag me back in front of a judge and 'make' me sell to him for that low ball, kickback appraisal of $200.

It does indeed suck to be him.

Ooooh SW, I m so happy to hear from you, and to hear how things are working out in your favor! All sorts of thoughts come to mind... karma bus... pride goeth before a fall... actually, a quick google brought up lots of relevant quotes:

"Because thou hast made the Lord, which is my refuge, even the most High, thy habitation; There shall no evil befall thee, neither shall any plague come nigh thy dwelling."
(Psalm 91:9,10)

"The LORD shall preserve thee from all evil: he shall preserve thy soul. The LORD shall preserve thy going out and thy coming in from this time forth, and even for evermore."
(Psalm 121:7,8)

"But whoso hearkeneth unto me shall dwell safely, and shall be quiet from fear of evil."
(Proverbs 1:33)

"Then shalt thou walk in thy way safely, and thy foot shall not stumble. When thou liest down, thou shalt not be afraid: yea, thou shalt lie down, and thy sleep shall be sweet."
(Proverbs 3:23,24)

It's great to see you coping and surviving.

I can't say I feel sorry for him either. I do hope he "smartens up", repents, grows up, whatever you want to call it, for the sake of your son. Not for you to take him back, but just so your son can have some semblance of the father he deserves.

Of course the potential buyers can't sue you (and win!) because you didn't accept their offer! lol Unless the laws are drastically different in different states, the seller can totally accept the highest offer, or the most attractive offer for whatever reason (maybe the closing date is better, maybe you need to put in a contingency agreement, etc), even if there's an offer for the asking price. That's why sometimes ppl make offers for more than the asking price, if there are other offers coming in! Them making an offer in no way means you must accept it.

(But I thought he was matching the offer? Is he getting the house for *less* than the offer?)

"Bless his heart"...

"Methinks he won't be getting a pool anytime soon, though. Maybe once he closes the deal with you, you can give him a kiddie pool as a house warming gift.:) (I remember the grief he gave you about having a pool installed.)"

You've done good. *hugs*

Well, we had two offers. The first one was for $220K. It was after we got that offer that he agreed to match it. And I agreed to accept it. So by the time the second offer came in for $230K I was obligated (ethically if not legally) to honor my agreement with XH. And I'm fine with that. My issue that he is so stupid HE is hurting HIMSELF just to keep me from getting an extra $5K.

And my broker told me not to worry one bit about being sued. It is just a buyer that is trying to intimidate me.

Also, I doubt he can flip it- generally you have to be on title for at least 6 months- and usually now a year with all the mortgage mess- to sell it for a profit...

Not sure I understand...why couldn't he sell it as soon as he buys it?

I hope he does sell it. I don't want to see him in our family home and I don't want ds to come visit him there.

He probably won't sell it though. He doesn't have what it takes to do that on his own.