Dishonest Home Seller; what can we do?

[southwardbound2]

We made an offer on a DR house through a real estate agent and confirmed it in writing with an email, since we had already returned to USA.

Agent submitted our offer via email and telephone to seller, who was also in USA. Seller accepted verbally to agent and then sent email to his attorney in DR, stating terms of sale contract and instructing him to accomplish the sale. Seller carbon copied this email to the agent, who then sent it to buyer. All this happened on Day 1.

Buyer retained DR attorney on Day 2. Buyer attorney contacted seller attorney, informing of this arrangement.

Buyer retained a builder for home inspection which was completed at buyer's expense on Day 2 after offer accepted. Sale was "as is condition" and buyer accepted the defects found.

Seller communicated with agent by email on Day 5, just before paying retainer to his attorney, essentially making sure the buyers intended to complete sale after the inspection, because he had to pay non-refundable legal fees. Agent reaffirmed by email that buyer was moving at all possible speed to close as soon as seller's attorney finished with paperwork.

Inventory was accomplished by agent and finalized by seller on Day 10, then emailed to seller's attorney for inclusion as part of closing paperwork.

On Day 12 closing was confirmed to agent as set for Day 16 after offer accepted by seller. (a weekend in the middle here).

On Day 14 seller notified agent by email that he would not complete the sale and was selling to someone else who made him a better offer! Too bad for the buyer and the agent who were acting in good faith!

And he's not even embarrassed that he admits his word is no good and will not reconsider! Does this kind of thing happen in DR all the time??? We have spend thousands of $$ starting to close our house up here, buying a car in DR, changing phones, etc., etc.

What can we as buyers do anything about this about this? I am shocked that a seller can do this and cheat a real estate agent out of a commission as well.

[BushBaby]

More knowledgable people will doubtless come in on the matter of Dominican & US Conveyancing laws but what does your US attorney have to say about this? The 'Agreement' was made & actioned from the US, via e-Mails from within the US. Maybe you have a case through US Courts? ~ Grahame.

[Robert]

Your lawyer should be able to help you out and advise what needs to be done.

Do you have a preliminary contract (Promise of Sale or Option to Purchase)?

This is normally drawn up by your lawyer. Also, the better law firms will refund money based on the amount of work they have completed. They usually break this down from day one, so you now exactly what you will need to pay at each stage.

[southwardbound2]

No, our lawyer was doing that as part of the closing since that was only 2 weeks from our offer. Maybe we got bad legal advice....but both we (buyers) and seller are in USA while all this is going on, so no one was in DR to do this. However, the trail of emails in this are very detailed. It seems liked like it would be more than sufficient to constitute a contract. But I am hoping to somehow stop the sale to new party (friend of the buyer who is in DR) so I can at least have a chance to get legal relief. We are out of pocket big bucks.

[Hillbilly]

Sue the bastard!! Get a lawyer in the US present the paperwork and go after him....

It "seems" that there is a breech of contract involved here...

HB

[Tamborista]

Originally Posted by all eyez on me

There is no breach of contract. you dont have a leg to stand on

You should have exchanged subject to a survey not the other way round

It sounds like you know how this works, are you The Donald perhaps?

tambo'

[southwardbound2]

Originally Posted by all eyez on me

There is no breach of contract. you dont have a leg to stand on

You should have exchanged subject to a survey not the other way round

Sorry, what does "exchanged subject to a survey" mean?

and "not the other way round" doesn't mean anything to me. Would you mind explaining these please?

[southwardbound2]

Originally Posted by Tamborista

It sounds like you know how this works, are you The Donald perhaps?

tambo'

OK, who is "The Donald"? Donald Trump???? So is this a joke I don't get?

And how DOES this work? I had hired an attorney because I knew I we didn't understand DR law, and did everything else I could as soon as I could. But somehow it wasn't correct. I wanted to do a contract like we do in the USA, but was told that wasn't the way it was done in the DR. OK, who was I to tell my attorney how to do his job? And this attorney was recommended as a very good one.

Got to say, this is not a nice way to start out in a new country. But the seller is an American, not Dominican, so it's not the fault of this country that he is unethical.

[bob saunders]

Originally Posted by all eyez on me

aaw poor you

if a small inconvenience like this ruffles your feathers this much, i dont think you are suited to living in a foreign country

You made several comments - now qualify them. Why doesn't he/she have a leg to stand on. If you are going to make such bullsh-t comments at least have the cojones to answer them.

[Chris]

Oh man... I think you're full of it. What does your attorney say? Or do you have a good 'email trial' with him/her too?