Legal Question in Real Estate Law in South Carolina
About a year ago I was supposed to close on a home built by Bill Clark Homes. To make a long story short they tried to bully us into accepting a home that was not right. We spoke to another attorney(who now tells us she can't litigate) who told us to walk away because we could be liable for carrying charges and profit loss etc. We did not want to throw good money after bad. Recently we found out that they entered into a new contract 2 weeks after our perspective closing date. They sold it inter-office and never listed it on the MLS. We believe they didn't fix the problems for us because they knew they could sell it to someone else. We want our money back. I have the ridiculous pictures to show anyone what Bill Clark deems acceptable. We would like someone to write a demand letter for us and sue if need be. We asked for our deposit three times and basically told to get lost, we have the money and we are keeping it. What should I do? Can they just keep our money after selling the house?
1 Answer from Attorneys
About the only thing I can tell you to do is to make an appointment with an attorney who can review the contract and any other paperwork or documents, get a full detailed explanation from you and ask all of the necessary questions in order to advise you as to where you stand. Right now there simply isn't enough information in your question. You did a good job of summarizing your situation, but these matters require great detail in order to competently advise you. I have 15 years experience with real estate and I have never heard of the term, "carrying charges." I also have no idea how you could be liable for any profit/losses from simply buying a residence. I also have no idea what exactly was wrong with the home. Only a very careful review of the contract will any attorney be able to give you the guideance that you need. The best thing you can do is to meet with an attorney. I wish you well.
Robert Johnston