Glen Dwyer represented us on a for sale by owner transaction. We were the seller. He wrote a contract of sale up for us.in it he let the buyers lawyer hold the escrow. When we asked if this was normal his secratary told us yes, so we signed.
Long story short - we had home inspection. Our home was in excellent condition. However the furnace was found to require maintenance. We had local company come out and give this. They wrote a good report about the furnace to our buyers.
Little did we know our buyers found a new property and were looking to get out of the deal. They made crazy demands. Because the contract stated that we only had to fix structual or major mechanical problems we only said we would fix four of the eight requests. Once again crazy requests. Our toilet flushed slow so they wanted new toilets. They wanted us to level one of our kitchen cabinets that was very slightly off. You get the point.
When we would not give them a new furnace (since ours worked fine) Buyers attorney faxed over a statement saying, "We will terminate the contract and I am giving my clients back thier monies in 24 hours."
Karen of Dwyers office phoned on Monday to relay this message to us. Leaving out the information about the 24 hour window. My husband and I told her of our damages and not to release the money. We said we needed to speak with Glen. She told us he would get to us.
The next day I called I asked if she had talked to Glen yet. I was told BY Karen, "I may have a chance to talk to him today." I responded with, "Does this mean you may not?" She said "I will try." In this short conversation I was put on hold 4 times.
Same day I called back late afternoon. She put me on hold four times and the last time she did not even tell me she was going to put me on hold. I found out when I realized I was talking to no one. I did however find out that she did not talk to Glen yet.
Since I have a 9month old baby and a four year old. I let my husband handle the rest. My husband called them twice a day and stopped in once. Glen was never avilable to speak or see him.
Needless to say almost a week went by and we never heard from our Lawyer. We fired him on Thurs at the end of the buisness day. We asked for the letter the buyer used to terminate the sale. Thatswhen we understood that they had alredy had the deposit money.
We called Karen and told her to have our file ready in the morning. My husband left a little early to get the file. When he pulled in Glen Dwyer was standing in the foyer of the office complex my husband locked eyes with him and big old Glen spun around and ran up the stairs. My husband entered shortly after him. Only to hear him running down the hall and into his office and the door shuts. When my husband entered He was no where to be seen. Karen gave Josh the file. Missing was our title and deed to our house that we need to sell again. Karen said we would have that in two buisness days. That was a month ago. WE still do not have it.
At any rate we have $3000.00 worth of damages from this sale not going through. We were about 16 days out of attorney review. We had removed wallpaper from to rooms for our Buyers that they were suppose to paint. They held up our move. We lost our next residence. And we had to unpack our house and show it again.By the way the wallpaper removal was in the contract so we did not take it down till well after attorney review.
Now that we hired a new lawyer at a reduced fee. (Reduced because my husbands mom works in his office). Still he is already up to two thousand dollars just trying to clean up Glens mess. We have lost the Spring market and we cannot pay for the things we counted on the sale of our home for.
I should write another report about our Buyers and their attorneys. I tried to keep this short so I left out so many almost comical stories that took place between my husband and the other parties.
One thing that Glen's office was quick about was to send us a bill. We recived it the next buisness day after we fired him. Another five hundred dollars for what? We wrote him a letter more detailed than this about our time with him. He wrote back that we never asked to speak with him. That made me so mad that here I sit writing.
Will he get away with this? I think we should not have to pay him. He should also have to pay for the attorney we had to hire to clean up his mess. We still need our title and deed from his office. So how do I get this? We cant sell without it. Please help us!
Leah
Franklin park, New Jersey
U.S.A.
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