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    MaryME's Avatar
    MaryME Posts: 2, Reputation: 1
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    #1

    Nov 24, 2009, 04:29 PM
    Home purchase with verbal contract and $20,000 furniture payment
    Hi Everyone,

    In July 2009, my Aunt gave the seller of a home $20,000 for the furniture within the home she intended to purchase, thereby "reducing" the actual mortgage loan she would get. The problem is she did not have a written contract but a verbal one in three of her family members (I being one of them who was against this agreement) present. After three weeks, she realized that she could not afford the loan amount the bank was to give her and has contacted the attorney of the seller about returning her the funds. The seller has left all actions to be taken care of by his attorney and things look bleak. She did have an attorney who was suppose to help, but I decided to fire him without pay because he was not even lifting a finger to help.Though she was foolish in her agreement, is there anything that can be done to get the money back? Can a lien be put against his home? This is taking place in Queens, NY and was before any lawyers were introduced. Please help!!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Nov 24, 2009, 04:39 PM

    From what you say she bought the furniture for $20,000 clear and simple. The house would not legally be part of this agreement but I am sure your mom felt they were linked together, they aren't. Who has the furniture right now and where is it?
    MaryME's Avatar
    MaryME Posts: 2, Reputation: 1
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    #3

    Nov 24, 2009, 08:13 PM

    The furniture is still in the seller's home. The furniture was part of the sale of the home. Since she cannot get the home due to the high mortgage payment, she rescinded her bid and has asked for the money back several times.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Nov 24, 2009, 08:47 PM

    That is what you and mom think about the deal but from what you have said there was no written contract on the house sale, there was a verbal contract on the furniture sale. Or did I miss something?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 24, 2009, 09:03 PM

    You mom can go and get the furniture out of their home. If the people do not want to give her the furniture, she can sue them for the 20,000 for the value of the sale.

    Vebal real estate sales is not binding in any state I know of, all real estate sales have to be in writing ( most states have these laws)

    So the only chance I see to get any money back is to go with a truck to get the things out of the home and if they don't let her have it, sue them
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