dissapointedinmiami
miami beach,#2Author of original report
Sun, July 03, 2011
Certified letter receipt signed by Joan Thompson on 03/19/11. Letter requested my pre-paid rent and deposit of $5k. Jack Coden of Keller Williams MiamiBeach Realty was both my agent and Joan Thompson's.
EV
Cranston,#3Consumer Comment
Sat, July 02, 2011
There is a fiduciary relationship between seller, agent, and buyer. The non disclosure of important issues is against the law and is reason for cancellation of a deal or lawsuit. If you do not pursue legal counsel you are defeating yourself by quiting. You seem to know, already, they have broken laws.
FL has weird protectionist laws in real estate but you may have a case that could prevent disposition of the property to any heirs or assignees of the current homeowners if you win a case against them. You may also be entitled to 12% per year interest until the debt is paid by placing the lien. Why would you give that up even if for your own possible heirs?
You need to see an attorney for badly needed legal advice. Hopefully your first consultation will be free. Keller Williams has deep pockets and I can't imagine you not being awarded legal fees and costs. Maintain complete files.
si vis pacem para bellum
miamichick
miami beach,#4Author of original report
Sat, July 02, 2011
In addition, five out of the six months that I lived there, there was toxic black mold that they refused to remove. I'm surmising that they didn't spend the money removing it because they knew that they were losing the house. I wonder if there are any punitive damages for this and cashing my rent check (some of which wasn't even theirs) AFTER they lost the home and were no longer the owners. That's repugnant. Problem is that I know that I will win the case, but that doesn't mean that I will collect anything. These people are in their late 60's and will never move, so putting a lien on their home will not matter since I'd have to wait for their death to collect. Their home is homesteaded which prevents me from forcing a sale. Florida is permeated with fraud and bad people who buy property here to hide assets in their homesteaded properties.
Their address is 107 Amberwood Court, Longwood, Florida, 32779.
Thanks for the advice!
mr rik
miami,#5Consumer Comment
Sat, July 02, 2011
Since you know where they live, you may think about alternatives.
Be sure to post their address here.
Good luck!
Robert
Irvine,#6Consumer Comment
Fri, July 01, 2011
You may be above the maximum Small Claims amount you can sue for, so you may have to sue them in regular court. However if you are only a little over you may want to be willing to take a small loss in order to have to avoid attornies and legal fees.
But because you may have a good case to be entitled to additional monies and expenses it may be worth it to at least talk to a real estate attorney, preferably one who deals with rental laws.
Also, you may want to check into your local housing laws. It may be possible that they are subject to not only civil but criminal penalties if for nothing else but for keeping your deposit(taking the entire ownership out of this situation).