Three months ago I decided to launch out and purchase a house. I work as a teacher and the other teachers recommended me to another teacher who is a realtor. He said he would work with me to buy my first house. The other teachers praised his work so I grew to trust him.
The house is a two family house. On the first floor there is one bedroom, and on the second and third floor there are 5 bedrooms total (it is like a townhouse). I told my realtor that I didn't want any tenants there, so because the P&S (purchase and sales agreement) says that the unit should be free of all occupants (and because my realtor told me that the P&S was all set), I thought that my five children and I would be fine. I thought we were fine because I trusted my co-worker, for he seemed so sincere in wanting to help my family.
Come to find out... He was feeding me garbage. Each day I stated to him -with others there -that I won't sign on the day of closing until he can show me that those tenants would be out. However, he didn't seem at all worried about the tenants being out. He said that everything would be fine. He said that he wanted my family and I to move in with a "smooth transition."
On 1/27/06, we had the final walk thru and the seller, my realtor, and the seller's realtor told my family and I that the seller was moving the tenants to a new location (their moving date was scheduled for Feb 11,06). The tenants had a lot of their furniture in the basement and boxes in their apartment, so I believed these professional and signed all the papers on 1/30/06.
Now I have a house that is still occupied. My realtor said that he didn't know that I wanted to move in right away. I have many witnesses who were there when I stated that I wanted no tenants. My realtor told me that I had to deal with the tenants because I knew that it was a two family house. He also wanted us to give the tenants notice when we didn't own the house. Also, the tenants said that the seller never told them that he was selling the house until the end of January.
Come to find out, because my realtor didn't specify on the P&S that the tenants needed to be moved out, I have to be the one to evict them. My realtor teaches realty courses; therefore, he understands the law and he was aware that he was deceiving me.
The seller is now ignoring the phone calls of the tenants and I will be homeless at the end of Feb. My landlord knew that we would be gone before March 1st but now we are stuck. The tenants are in our place and we can't move in. My children and I might have to move into the one bedroom apartment on the first floor (My twin girls, 2 older daughters, and infant son will be so happy while cramped in that unit).
My realtor is ignoring me and he's twisting the entire business transaction. I've gotten a lawyer but how am I going to raise my five children, pay rent (if I stay in my apartment), pay a mortgage, and pay a lawyer? This is my co-worker and he had no problem taking advantage of a woman with five children (daughters nine, four, two, two, and six months).
I want these people to pay for upsetting the lives of two innocent families. My realtor works for Towne House Realty (Ken Rodrigues) in Dartmouth, MA, and the other realtor works for Century 21 (Michele) in Swansea, MA. We had to pay mortgage and rent at the same time. We also had to pay several movers, and cancel household deliveries.
To Whom It May Concern:
One year later (4/07), and we are living in the house. The basement began flooding two months after moving in (which this problem was not disclosed to us). Our insurance company won't pay for the flooding because the water is coming from the outside. Therefore, our belongings were destroyed in the basement. Also, our roof, which we were told had about nine more years, had to be replaced (costing us over $12,000). I am writing this letter because we need the law to assist us. Our mortgage is over $1,900 per month (not including insurance and taxes), and we have five children to take care of. Also, it now will be difficult to pay all of our bills because of this new loan for the roof. Is there help for our family?
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