Claimed Breach

[mike1959]

What is the name of your state?What is the name of your state? TX
In June my girlfriend and I signed a purchase agreement on a home being built. We were scheduled to Close the end of October. In September we took a ride to check on progress and found that a baseball stadium with towering lights had been built on the adjacent property. We were shocked. We tried to come to terms with this new found discovery but could not in good conscience. We notified our builder and without a hitch our earnest money was returned. There was no mention of anything like this prior to our signing. We did ask what could be going up in the area and were assured there would be nothing of concern. Our Realtor that represents us is now claiming we breached our contract with the builder and therefore we now have to give him the commision on the sale. A structure with lighting of this nature should have been disclosed. If the baseball stadium had been there prior to our signing, we never would have signed. Our builder was very nice and completely understood. I do not believe this comes under the heading of a contract breach. Advice ?

 

[wanabath]

I would simply tell the realtor to go to hell. Then explain to him that you were planning on using him still for a home purchase, but due to his unprofessionalism and greed you have selected a new realtor. Remind him he is comission based, and he gets paid if the deal goes through, if not he is SOL.

 

[HomeGuru]

What is the name of your state?What is the name of your state? TX
In June my girlfriend and I signed a purchase agreement on a home being built. We were scheduled to Close the end of October. In September we took a ride to check on progress and found that a baseball stadium with towering lights had been built on the adjacent property. We were shocked. We tried to come to terms with this new found discovery but could not in good conscience. We notified our builder and without a hitch our earnest money was returned. There was no mention of anything like this prior to our signing. We did ask what could be going up in the area and were assured there would be nothing of concern. Our Realtor that represents us is now claiming we breached our contract with the builder and therefore we now have to give him the commision on the sale. A structure with lighting of this nature should have been disclosed. If the baseball stadium had been there prior to our signing, we never would have signed. Our builder was very nice and completely understood. I do not believe this comes under the heading of a contract breach. Advice ?

**A: read the contract that you signed with the Realtor.

 

[mike1959]

Contract

Tx, The contract states that the seller pays all commisions. We the clients become responsible for the commision only if we breach the contract. Since something happened "after" our signing without prior knowledge namely the building of a baseball stadium, that directly effects the home and is beyond the control of the seller and the buyer there is no breach. That is the way another realtor explained it to me. He said it is a simple case of disclosure.

 

[HomeGuru]

Tx, The contract states that the seller pays all commisions. We the clients become responsible for the commision only if we breach the contract. Since something happened "after" our signing without prior knowledge namely the building of a baseball stadium, that directly effects the home and is beyond the control of the seller and the buyer there is no breach. That is the way another realtor explained it to me. He said it is a simple case of disclosure.

**A: you did not actually breach the contract, but rather you mutually terminated the contract. The Realtor has the right to sue both you and the builder for the commission.

 

[mike1959]

Caveat emptor(sp?)

So the fact that buyer beware does not apply to real estate transactions. Homebuyers sign on with a Realtor for his professional expertise to see to there best interest. Is it beyond expectations to think your realtor an expert in real estate transactions would have the information pertaining to a parcel and its surroundings and as such would disclose this information so all facts are known going in? Avoiding situations of this nature. There is one other thing I didn't mention. When we discovered the ballfield almost immediately we called our Agent and informed him of the situation. We later met with him and discussed the entire situation and what our options were. He said" the only potential repercussion will be if the builder does not want to give your earnest money back".. Will never sign anything with a realtor again. I have since found there is no need and virtually no benefit.......