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amother
Turquoise


 

Post Tue, Jun 06 2017, 11:20 am
We are trying very hard to buy a house we finally found something that we were very happy with in our price range and after we were in attorney review for two days someone else came and put in a higher offer. According to the law this is ok but according to halacha it's not. We found out that it was a Jewish agent and a Jewish couple that put in the higher offer and took it from us. My dh spoke to the agent and she felt terrible but said there is nothing she can do now. She said if she knew it was a Jew buying it she never would have done that. Really there is something she can do she can let the buyers know what happened and give them the choice of transferring the contract to us. We sent her an email telling her this and she ignored it. If there were other options for us now I would just let it go but we are having such a hard time finding something and we have to be out of our house soon. I don't like making people feel bad but otoh I feel like the buyer should know and be given a choice of what to do. Wwyd leave it and move on or try to fight for it?
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heidi




 
 
    
 

Post Tue, Jun 06 2017, 11:23 am
I don't know where you live, but even Israel is not run as a halachic state. (Although when we were building in Israel our completely chiloni builder rejected a higher offer bcz. he had already promised it to us!!)
I'm sorry you lost the house. I don't think you have any legal recourse.
B'hatzlacha finding a new one.
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LittleDucky




 
 
    
 

Post Tue, Jun 06 2017, 12:57 pm
Unfortunately in a sellers market you need to grab while you can! I know of many who lost bids because hey weren't fast enough. May you find the best house for you soon!
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amother
Forestgreen


 

Post Tue, Jun 06 2017, 1:04 pm
Op, it must be EXTREMELY tough.

I know because we have been house hunting for close to a year now.... we are finally in contract with our current home. Bh.

After all we have been through till we got this house, and the way this house came about..... it was a very very bumpy nauseating ride. But when it came to our house, ALL the odds were NOT in our favor, and yet we still got it.

In short, afaik, we were the first ones to see this house before it was officially listed, but we liked another house that we saw that day better. Then we found out that the house we were leaning towards, had some structural issues. So we gave in an offer for this house with a very small down payment and the price that was originally asked. This was a few days later and a few people gave in offers THAT same day as us. He had a few better offers. One guy offered 30k more and a CASH transaction!
(It's at the edge of a new up and coming neighborhood, 5k worth of renovations and a years taxes and upkeep, that investor can sell the house for 50k - 100k next year....)

But he chose us.

The owners reasoning? He told the realtor that he liked us as a couple and family (we took along our youngest). Their words - we are a "cute" couple -. They also wanted someone who will live in the house, not flip it.

The real reason? IT WAS BASHERT TO US

You did your hishtadlus, you sent that email. Follow up once. But don't go crazy. There is something else better waiting for you.
I just say, Daven And keep looking. You'll find it.

And ftr, this house is 90k less than the house we were planning on buying. And less tax area. And approximately the same size! On a larger nicer property in a better location.

Anon cuz I've told this story to ppl irl
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amother
Forestgreen


 

Post Tue, Jun 06 2017, 1:08 pm
heidi wrote:
I don't know where you live, but even Israel is not run as a halachic state. (Although when we were building in Israel our completely chiloni builder rejected a higher offer bcz. he had already promised it to us!!)
I'm sorry you lost the house. I don't think you have any legal recourse.
B'hatzlacha finding a new one.



Of course! If he already promised it to you, I'd hope he'd reject that offer. WHat heppened to "honoring your promises"? It isn't only an but an "orthodox" thin
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amother
Emerald


 

Post Tue, Jun 06 2017, 1:19 pm
Is the seller jewish as well? It's such a tricky situation because so often the deal falls apart that until there is a contract and money changes hands, its hard to feel there is really a deal.
Lets say for example you move on and in 6 weeks agree to buy a different house. You and the seller have a verbal agreement. Lets say you're not thrilled with this deal but take it anyway. Now 2 days after your verbal agreement the agent from the first house that you really wanted calls you to say the deal with the other buyer fell apart and the house is yours for the original agreed upon price. It would be very honorable if you would respond that you already accepted another deal knowing that this is the house you really want. What do you think you would honestly do? Most people would just go back to the first house.
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amother
Turquoise


 

Post Tue, Jun 06 2017, 2:20 pm
The seller is not Jewish but there is an agreement between Jewish agents that they wouldn't put in an offer for a house once it's in attorney review. In the gemara someone that buys a house like that is called a רשע
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groovy1224




 
 
    
 

Post Tue, Jun 06 2017, 2:37 pm
OP, I don't mean to be harsh, but you are being naiive. I don't want to discount how frustrated and let down you must feel- it is such an upsetting situation But like you said, it is was not illegal for the sellers to take the higher offer. Was it nice for someone to undercut you like that? No, not at all. But as you have seen firsthand, the real estate business is tough, highly competitive, and volatile. Normally good, nice people do not-nice things to get their hands on the home they want.

So where does that leave you? Unfortunately, it seems like they beat you to it.

The agent told you she never would have done that had she known, blah blah blah. Then she ignores your emails. Honestly, she told you that to save face and make herself feel better. I would not pursue that route anymore.

Something very similar happened to my sister. She was unable to match the higher offer, and lost the house. To people she had been friendly with in the past. She was devastated, but did find the home she ended up buying a few weeks later. Wishing you hatzlacha as you move forward
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