Legal Question in Real Estate Law in California
I am a California homebuyer on a short sale purchase and the close of escrow is March 30th. I signed my loan documents and am awaiting funding. However,now the seller's Realtor is telling me that I need to obtain my loan through a lender of the Realtor's choice who happens to be the wife of the seller's negotiation company, or else they will not agree to sell me the house. I have received a great interest rate and I do not want to proceed with trying to obtain a loan from their lender. My loan is scheduled to fund next week. Isn't this illegal on the part of the seller and her Realtor for "steering" me to their lender?
3 Answers from Attorneys
Tell them that you have a binding contract that allows you to select the lender so they are in breach of the contract if either one prevents the sale from occurring and the realtor is subject to censure from the department of Real Estate if he tries to steer business in such a fashion. There is no benefit to the seller, unless he is taking money under the table so is committing a fraud as to his lender who has agreed to a short sale only on condition of the seller making nothing from the sale. If they breach the contract, you have the option to sue for either specific performance to get the property or damages. Their demand is already a breach of the contract. You can also point out that the contract provides for the payment of reasonable attorney fees to the winning party and it is clear you will win [the attorney can claim fees higher than want they are charging you and let you have the difference; I normally charge $150 per hour; if you need my help at any point, I would be happy to assist you]. So that he does no damage to the property, you should also tell the buyer that you are surprised the realtor would act so as to get him into trouble. Also, even if you went along with their scheme, the loan likely could not be funding by the 30th when escrow is supposed to close.
not proof read
Go with Mr. Shers' answer; he's covered the question well.
I agree. If the specific lender was not required as a term of the contract, then you are under no obligation to use the lender of their choice.