Legal Question in Real Estate Law in Kentucky

When we started the process to buy our house, we were approved for our VA loan $180,000.00. The apraiser later said the house was worth $175,000.00. The bank said with the VA backed loan they would only pay $175,000.00. The seller said "no" we would have to send her a private contract saying that we would pay her $5000.00 above and beyond the mortgage. Is that legal??? We have a VA loan and the VA would not pay $5000.00 more than the house is worth. Also the washer/dryer etc. was to stay with the house, after we moved 1500 miles with all are belongings in a moving truck we, found none of these thing. The seller said because of all of the hassle that she had gone through with the asking price and appraiser she felt she should take them. Do we have any recourse? This is our first home we have no clue?! Thank you for your help.


Asked on 4/14/10, 4:45 pm

1 Answer from Attorneys
Royce Bishop Mr. M & Save My Home

Hassle my a*s. There is no legal claim such as hassle. There are only costs that can be proven.

Bad news: the seller can ask whatever price she wants. The good news: if it was in writing that the washer and dryer were supposed to stay with the home, they cannot take them. I would deduct the price of a COMPARABLE washer and dryer off of the purchase price if it is not too late and get whatever washer and dryer you want. If they sue you, your counterclaim is that they ran off with the washer and dryer BUT you can only counterclaim for the value of the washer and dryer that was TAKEN. If it was a old washer and dryer you can only counter claim for maybe a few hundered bucks. You CANNOT buy a top of the line washer and dryer and say she they owe you for the full amount. Got it? I would sue her in small claims court a division of District Court for the "hassle". Download the forms from the clerks website or take a trip to the Clerk of Courts. The seller has to be served with a COPY of the complaint and the clerk (court/judge) gets a copy of the complaint. Keep a copy for yourself of course. There are filing fees.

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Answered on 4/19/10, 5:27 pm


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