Legal Question in Real Estate Law in North Dakota
Did my realtor rip me off?
Our realtor agreed to buy our mobile home if we would buy our present house. She told us that it was illeagal for them to collect a profit on both properties and that any profit they received on the mobile home would be paid to us. They assumed the loan on the mobile home, (I think they just paid it off), for $10,300 and sold it for $20,000 but have said they are done with us. We have been bugging them since before we bought this home in Feb. to provide us money to fence one side of the yard since there is no fence there and the house was advertised as fenced. The manger of the realtor's office wrote us a paternizing and condescending letter which ended with the statement that we should use all the money our realtor saved us to buy a fence. I don't know how he figures she saved us money, since we paid $2,000 more than the list price on this home, and gave them our mobile home for $6,000 less than we had it listed for.
2 Answers from Attorneys
Ripped of by Realtor?
It depends on what the agreement was. If yousimply traded it in and they agreed to pay itoff, they do not owe you anything. If the agreement was that the realtor would sell itfor you and give you the profit in exchangefor buying the home, then they must give it toyou. Regarding the fence, you must have knownthe fence was not there when you moved in. Ifthey already promised to install one if you buythe house, then they must do it. However, ifyou are saying it was advertised with a fence and there is not one, you can't now complainif you knew that prior to closing. You shouldhave re-negotiated the deal.
ripped and still rippin'
Most likely you should hire an atty (or at leastconsult local counsel) regarding the mobile homesale profits. The fence: it depends on whether they agreed to make it as advertised for you; the adalone doesn't directly commit them to construct anything for you even though you may think they areunder an obligation to correct false advertising.Most of the sellers' obligations end with the closing,especially regarding something clearly visible likea fence. I suggest you ask your attorney about that, too, though.
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