Can you sell a house

[Breezy]

that has a small claims suit against the builder from the Owner?
If so does it make the selling process harder?

[mgadell]

Yes, and yes. If you want some good advice, call Margaret Edwards at Edwards Capital Corporation in Portland. She also teaches at Del Mar College in their Real Estate program. I used to be an agent for her until I moved from the area. She'll give you good advice.

[CaptainTom]

Originally Posted by Breezy

that has a small claims suit against the builder from the Owner?
If so does it make the selling process harder?

If there is a lien against the property it will have to be cleared (paid) before the Title company will close.

[kenw]

I think we're backwards here. If the OWNER has a small claims suit against the builder, there are no liens on the property unless someone OTHER THAN THE OWNER placed one.

Owners rarely place liens on their own property.

If the owner wants to sell, and the fact that he has a claim against the builder is creating a problem, the simplest solution is to drop the claim.

[Breezy]

Originally Posted by CaptainTom

If there is a lien against the property it will have to be cleared (paid) before the Title company will close.

well yeah we couldn't pay it off in 2.5 years :D The only lein is the mortgage.
But yeah I think we are fine there. We just didn't know whether to procedd witht he suit or not.
Put it off long enough that I am about ready to say screw it but if we don't do something he will continue to screw people and get away with it.

THanks Mike Do you have her #? I may have to google it as our phone book doesn't include that side of the water lol.

[L Stegall]

Is the suit over problems with the house? Don't forget that the seller must disclose defects!

[Breezy]

Originally Posted by L Stegall

Is the suit over problems with the house? Don't forget that the seller must disclose defects!

Yes it is but they are minor but can be costly to have redone by someone other than dh.
Everything is cosmetic for the most part but the fact that the builder didn't keep his end of the contract is what got me going in the first place that and the fact that his wife came on my property and called me a bitch. Good thing dh held me back. You can call me one but not on my property lol.

The whole thing is we went through the proper channels and all of the "proper channels" take for freaking ever. We still have 8 months that they claim as to be in by but I don't know if it is worth it.
Amazing you have to go through the TRCC to have anything done but then they can't make the builder do squat so what is the point.
41 items out of 43 were found out of compliance.

[mgadell]

THanks Mike Do you have her #? I may have to google it as our phone book doesn't include that side of the water lol.

361-510-1022

You'll probably have to leave a message, but she'll call you back. Tell her Mike Gadell referred you.

[Breezy]

Thanks Mike
will do :D

[ElanR]

Breezy, the nice lady in Oregon is not likely to be able to help you, since the TRCC and the RCLA unique to Texas and not repeated in other states. There is no incumbrance on your property by virtue of you suing the builder, but there might as well be, since you'll have to disclose every detail and document related to your lawsuit against the builder, and that will be enough to scare away most potential buyers.

You have the right as a homeowner to escalate the process to mediation at this stage. I recommend that you study the TRCC rules and request mediation right now. This will also open to door to you to take back any assertions you might have made which are now harmful to the marketing of your home. The sooner you settle this, the easier it'll be to sell your home. You shouldn't take any step without hiring an attorney first though. You'll need one to close this out the right way. Best of luck to you.

[crazeazn]

Originally Posted by ElanR

Breezy, the nice lady in Oregon is not likely to be able to help you, since the TRCC and the RCLA unique to Texas and not repeated in other states. There is no incumbrance on your property by virtue of you suing the builder, but there might as well be, since you'll have to disclose every detail and document related to your lawsuit against the builder, and that will be enough to scare away most potential buyers.

You have the right as a homeowner to escalate the process to mediation at this stage. I recommend that you study the TRCC rules and request mediation right now. This will also open to door to you to take back any assertions you might have made which are now harmful to the marketing of your home. The sooner you settle this, the easier it'll be to sell your home. You shouldn't take any step without hiring an attorney first though. You'll need one to close this out the right way. Best of luck to you.

portland is the town next to corpus :P

encumbrance!! i just learned it lol

[ElanR]

Originally Posted by crazeazn

portland is the town next to corpus :P

encumbrance!! i just learned it lol

Ooops, strike that part then. Btw, as far as I know, incumbrance is used as a legal term and encumbrance in everyday language. Not sure why.

[Breezy]

Thanks we actually have spoken with several lawyers but none will represent for small claims and there isn't enough to go to regular court.
Thanks for the tips, the only thing left to do is send him another letter cause we didnt' get back from Alaska in time for the last one to be vailid.
And then pay the fee to start the process.

[crazeazn]

be sure to send it as a certified letter

[CaptainTom]

It wasn't clear to me in the beginning that you had the suit against the builder. This should not hinder a sale except you do need to disclose any defects.