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My buyer is in JAIL?!!!!

By Cheri Smith

Real Estate Agent with Prudential Gary Greene, Cypress TX

August 08, 2007 11:00 AM

So the closing day came and went. The seller is irrate. I couldn't find the buyer and this was following a week in Shreveport to bury my mother in law. I call the buyer's son and the buyer is in JAIL. So now I have no idea what to do. He lost HIS buyer (I have the listing there too) and now he can't buy my other listing that was supposed to close too. So everyone is asking me what to do, lawyers are being called and I'm just picturing a nice beach in Mexico right about now. We have no idea when he will get out of jail. We have no idea what is going on. I know his court day was today but I call him and get voice mail. I've driven to both houses and can't find him. What would you do? This is a new one for me.

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Chrissy Harrison

Referral Only Realty - Longmont, CO

Wow - not sure what to say. Keep us posted on how this turns out - please.

Aug 08, 2007 11:20 AM

Diane Bell, Hilton Head Real Estate, Bluffton

Charter 1 Real Estate, Hilton Head, Bluffton, SC - Hilton Head Island, SC

Oh gosh, Cheri, that's a total mess. I'm so sorry to hear about this---not one but two transactions in jeopardy.

Aug 08, 2007 11:22 AM

Vicki Bishop GRI - Alabama Real Estate

Coldwell Banker United Realtors® - Bay Minette, AL

No clue as to what to do , have never had this happen. Keep us posted on how you work it out.

Aug 08, 2007 12:30 PM

Cynthia Tilghman, Realtor® Onslow County NC Home Specialist

Kingsbridge Realty, Inc - Hubert, NC

Hi Cheri,
I am happy to say this has never happened to me and I do not have a clue how to handle it. It would be nice to have some answers and I would have to try and find a way to get some. Keep us posted.

Aug 08, 2007 02:19 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

The son said he is not helping him. He washes his hands of the whole situation according to the other buyer who is one of my buyer's friends. I never in my wildest imagination would have thought something like this would ever come up. I had heard horror stories of where the buyer died in the parking lot before closing, which is horrible but at least that was a good excuse! I found an online source that told me WHY he is in jail. It also told me when his court date is and bail. I could go downtown Houston to see him, but if you've ever been there......well I am NOT going there. My seller on the one side wants to sue for breach of contract.

Aug 08, 2007 05:37 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

My buyer is self employed...at least I know he can't get fired!

Aug 08, 2007 05:38 PM

Marie Kletke

iNet Realty - Long Beach, CA

Broker - Long Beach Real Estate

You can do one of two things - find his lawyer and make arrangements to close. Or find a notary that frequents the jail he is in to do the paperwork for you. We have a seller who was in jail. We managed to get the paperwork signed by sending a notary who frequents the jail. Good luck!

Aug 08, 2007 06:00 PM

Penny Florence

Midvale, UT

That is really a different situation. I would like to know what the outcome is. Hopefully he won't be in for too long-by the way-don't be in a room alone with this guy-sound a bit shady now. Good Luck!

Aug 08, 2007 07:00 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

Marie, Thank you for the advice. Penny, his offense is not a violent one, it's one of being in a wreck and not giving the other person his insurance info (probably doesn't have insurance maybe). He's a senior citizen and smaller than me so I'm not too worried but will exercise caution.

Aug 09, 2007 04:45 AM

Donna Yates

BHGRE - Metro Brokers - Blue Ridge, GA

Blue Ridge Mountains

This one really is for the records! I have no idea what you should do but fortunately some others do based on prior comments. Let us know how it works out.

Aug 13, 2007 12:41 PM

Kimberly Grant

Exit Leon Crawford Realty - Huntsville, AL

Real Estate Agent - Huntsville Alabama

WOW!! I thought I had heard it all but this is a new one for me. I'm sorry that happened to you especially with two transactions hanging in the balance. I hope it works out for the best. Please keep us updated on the turnout.

Aug 13, 2007 01:50 PM

Marie Kletke

iNet Realty - Long Beach, CA

Broker - Long Beach Real Estate

Cheri, my client was a bit more serious than yours. Possession. Gets them in jail every time here in California. Hope you were able to get through and see your client. No matter what the offense, jail is really a tough place to go and visit!

Aug 13, 2007 05:46 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

He is still in jail. I haven't gone to visit him because my husband and mother had a fit over that suggestion. I keep checking online to see if he is out yet but he is not.

Aug 14, 2007 04:30 AM

Diane Rice

Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL

SFR, SRES, CNC

Hi Cheri! I cannot help you on this one.... but i do feel for you. I did have the seller to go to jail (the spouse)..... he was in for embezzlement...so guess what? the investment (commercial property) was frozen (lein was put on it).. we couldn't touch it.... my client was the ticked off buyer!

Aug 15, 2007 01:28 PM

Anonymous

Two agents in our office failed to close on a large ranch. The buyer said his funds were being held up by the government. Two months later he called and said he was ready to close. Unbelievable!... Hope he geto out soon and the situation is corrected.

Aug 15, 2007 01:46 PM

#19

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

As of today he is still in jail and the seller wants to wait to see what he plans to do. So we wait.

Aug 15, 2007 01:46 PM

Kay Van Kampen

RE/MAX Broker, RE/MAX - Springfield, MO

Realtor®, Springfield Mo Real Estate

If you go to jail, he might be too embarrased to talk to you. Bummer! Hope it works out.

Aug 15, 2007 01:51 PM

Chuck Marunde

Sequim & Port Angeles Real Estate - Sequim, WA

Sequim Real Estate Broker

Cheri,

I practiced real estate law for 20 years and am now a Realtor. Here's what you can do. You can go see your client during visiting hours and get his signature and/or notary on anything you need. Jails have a notary in the building somewhere, but you'll have to make arrangements ahead of time, or simply bring your own notary.

If you can revive the transaction, do it, and have escrow make out new closing docs and pro-rates for the settlement statement. If you cannot revive the transaction, because your buyer cannot get his loan now due to an underwriting issue, this deal is dead. Try to find another buyer.

If the buyer is charged with a felony or even a serious misdemeanor, he is probably done as a buyer for now.

Aug 15, 2007 01:57 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

Chuck,

He wasn't getting a loan, so no problem there. It is a cash deal.

Aug 15, 2007 02:02 PM

Cheri Smith

Prudential Gary Greene, Cypress TX - Cypress, TX

Realtor Prudential Gary Greene

To update this....he got out of jail, charges were dropped. Since he lost his buyer I now have his listing and we are trying to sell his house so he can buy the other listing I had. That contract was terminated because the seller got fed up with him.

Only problem is his house is a disaster with boxes everywhere and he's a bit of a pack rat so I am going over there to help him clean up on Saturday.

The good thing is he was willing to price it $20,000 less than the appraised value for a quicker sale.

Sep 13, 2007 02:54 AM