So it seems Alun and I have swapped personalities.
Alun is now in a very deep depression. His happy mood from before didn’t last long. Al is anxious all the time. Frightened. Al doesn’t sleep well and rarely eats more than a few bites all day. Because the Sales Agent AND sellers call and threaten us with all manner of hell in Court costs and Court battles…now whenever either of our phones go off, Alun jumps.
Seeing Alun so ill at ease breaks my heart.
The baddies are winning. Alun and I are exhausted.
But apart from being physically tired, I’m filled with God’s strength and power and I’m OK.
I’m not scared. Not one bit.
I know this strength is from God because I’m not a strong person. I usually fall apart but this time, I’m PISSED OFF and FULL OF FIRE.
While I’ve got this strength, I’m liaising with the lawyer, I’m emailing, researching, learning more about real-estate law, making calls, keeping the house tidy, making sure Alun eats, working hard at my job and manning the ship.
I can’t believe I’m about to say this – BUT I’VE GOT THIS. I really have.
Firstly I’ll catch you up on what happened since I last wrote:
- Alun and I worked our asses off to get the bank to withdraw our finance. Everyone at the bank was LOVELY and they did everything they could to withdraw their finance by the 10th December settlement date. I was SO EXCITED thinking “We’ve won! We can walk away from this horrible situation AND Alun can have his $15,000.00 back!”
- Celebrating lasted 2 blissful hours. Alun especially was so happy. He cried, saying over and over “I’m so glad that’s over”.
BUT THEN OUR LAWYER RANG.
A LETTER FROM THE SELLER’S LAWYERS HAD ARRIVED.
The letter from the Lawyers for the sellers that stated they got our decline letter from the bank and THEY WERE GOING TO FORCE US TO BUY THE HOUSE ANYWAY. The letter also said the baddies wanted us to pay an additional $60,000.00 (!!!) “for damages”
The letter that made Alun cry again – but exhausted, heart broken tears this time.
That letter broke my husband.
Right there in our Lawyer’s office – Alun’s spirit died a little.
I have never seen anything more dreadful or heart wrenching in my whole life.
We both looked at our Lawyer “What do we do now?”
The Lawyer pointed to the letterhead. “Guys, this is from…*”Wong and Co Lawyers”…they’re bulldogs in the Courtroom. I don’t want to go up against them. I recommend you just buy the house. Pay the extra for damages. Just do what ‘they’ want…you can always sell it again later”
WHAT THE F*CK?!?
Alun didn’t say a word on the lift ride from the Lawyer’s office to the ground floor.
In fact, tears just slipped down his face for the next few hours and he didn’t speak again until the next morning. Even then, he just mumbled “I’m not going to work today” and pulled the blanket over his head.
He’s NEVER called in sick.
So I fired that Lawyer.
And hired a new guy – a “bulldog” of our own 🙂
The new lawyer said we have definitely been ripped off. He said *Marcus has acted appallingly and the sellers are bullies and have to taken down. He wrote to the “Wong and Co” Lawyers and set out some very good points.
They wrote back and basically said “pfft”
Things are just getting worse.
Our new lawyer looked at our financial situation and found that even though we have a ‘decline letter’ from the bank, WE STILL CAN’T GET OUT OF THE CONTRACT because it was initially “unconditionally approved” – if it was approved with conditions – we would be flying high and free as a bird…but that word “Unconditional”…ties us in no matter whether we can afford it or not.
He said we have 4 realistic options moving forward with the House:
1) We lay ourselves at the mercy of the sellers (arrghhhh) and hope they allow us to terminate the house contract, based on us not being able to afford the house anymore. If we go with this option, they keep our $15,000.00 deposit, they can force us to pay these so-called damages ($60K for what?!?) and pay for whatever difference there is when they DO eventually sell the house – if they sell it for $400,000.00 – we HAVE to pay them $20,000.00 more.
That’s $95,000.00 all up.
Just to terminate the House Sale Contract.
I personally don’t want to give them a cent.
2) We ask that they allow settlement to be ‘paused’ for 2 months to allow us to find new jobs. Alun and I will RE APPLY for finance for the house. When/if we get approved, we buy the house. They can still live in the house as they wanted anyway (AARGHHH)…The deal proceeds as before…but it buys us time. It also changes things because when we then go to the banks with evidence that BOTH Alun and I won’t have jobs – NO BANK WILL APPROVE us for a loan. The Lawyer said that MIGHT get us out of buying the house, but that the sellers can still sue us for “specific performance” and FORCE us to buy the house based on the same laws that are stopping us from getting out on the finance clause now. Great.
3) We don’t say ANYTHING to the sellers and instead – SUE *Marcus the Real Estate Agent. We don’t sue him as part of the Real Estate – we sue him PERSONALLY. Just him. The Lawyer we have believes that if we apply pressure directly and solely to “Marcus”, he’ll put pressure on the sellers to let us out of the contract.
Risky. But might pay off.
4) We fight. We hold our ground and wait until the sellers get sick of waiting and paying their lawyers and THEY terminate the House Sale. Our Lawyer said this could take over a year.
I personally want to go with option 5) A HAMMER to the fingers of the baddies. Repeatedly.
Exhausted. When I think of Alun’s pale face and the way he jumps whenever the phone rings, my heart breaks again and again.
What on earth do we do now?
Whatever it is – I WILL FIGHT. I don’t know how…but I WONT GIVE UP.
I’ve GOT this, you guys. I’ve got this.