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| 3 partners in home purchase, but I'm the sole buyer on paper |
stiletto_5 |
08/23/05 |
If I am the only person whose name is on the contract to buy a house, and I have two other friends as partners who conributed in the down payment to buy the house, except that their names are not on the loan application or any contract to buy the house, and we verbally agreed from the very beginning that any profits, losses, and/or expenses along the way are shared equally, do the each of the other two partners have any right to demand all their respective contribution back?
In other words, as far as the bank, the sellers, and the escrow company are concerned, if they do not know about the other two partners, but deal directly only with me, because on paper, I am the sole buyer throughout the entire home purchase process, would the other two partners have any say to get each their down payment contribution money back in full?
What happened was my wife would not signed the QUICK CLAIM form, and it made it look like I back out of the home purchase which was already in escrow. The other two partners say they have have nothing to do with the "backing out" and they said it is my fault whether directly or indirectly. They say I am responsible for paying all the penalty, and not them. That is why they believed they should get back all the money that they contributed into the down payment. However, my brother, who has 20 years experience in real estate, says what the other two partners say and demand are baloney. He says even if they were to take me out to court, since they are not legally binding because their names are not on any contract to begin with, they are not entitled to any money back. Nevertheless, as a moral courtesy and in good faith on my part, I should divide all and any expenses or penalty in 3's. So is my brother correct, or are the other two partners have any validity in this case? If any one can please help on this because I just got process served by the other two "formerly verbally- created partners" today to take me to court, I would very much appreciate it. They are taking me to court because even though I paid them the remaining balance of their contribution money after I divided the penalty in 3's and subtracted the 1/3 from each of our contribution amount, they want the 1/3 amount that I had subtracted from. Thank You very much. |
Clarification/Follow-up by stiletto_5 on 08/26/05 9:23 am: Hi, guys thank you so much for all of your help. You guys are awesome WOW! Even though I am responding to rickj, because there is no response option to select all your names at the same time here,I really mean all you guys..kkemper and fremontguy as well, and by the way i meant to rate you kkemper 5 stars LOL, 'cause I had clicked 4 stars by accident...sorry Anyway, I just would like to add several more details if i may. It turns out that the so called "process serve papers" they hand gave me were nothing more than their own self-proclaimed validation of why they are writing to me in the first place. They made no mention of explicitly writing anything about taking me out to court, setting a court date, or anything like that. What they wrote near the end was to the effect: "You have 72 hours to return the remaining balance of each of the two partners's original contribution amount." What is that? An ultimatum? LOL And Their "lawyers" were not lawyers,but rather "lawyer assisted". And here are more pieces of the story.
This is what really happened, if may indulge your patience: ok, first back in MARCH this year, my "supposed friend" who lives in N. CA with me approached me and said there is this nice house for $295,000 in Lancaster,S.CA. I'll called her F1. She has this friend down in Lancaster, friend F2. We all then agreed to partnered together and shared the cost equally on everything toward a possible house purchase. However, there was no written contract of any kind among the 3 of us from the very start. Everything we all agreed to, we agreed to verbally. So of course, no conditions and/or no stipulations were made in case something were to happened between the 3 of us. We all decided to agreed on whatever happens should the deal not go through,and we were to pay any penalty, we would divide all expenses in 3's. We decided to put down the normal 20%, or $39,000. Each of us were to put down a total of about $14,500 or so to also cover closing cost and other misc fees.
Now here are where things get interesting. I initally put down $17,600 of my own money, because that was all I had in my savings (stupid me,heh?). Partner F1 puts down $7,600 and partner F2 puts down $4,300. F1 and F2 said that was all they could afford to put down. The difference missing from each of their down payment contribution, they said something the difference would be part of the "carry over" that would be included in mortgage. F1 already has a few properties, and at the time, I foolishly believed she knew what she was doing to try to purchase the Lancaster property. As it turns out, the withdrawl penalty was about $6,948.00. Since we intially verbally agreed to divide all expenses equally,and since my name was the only name on all loan,title,notary,etc papers, I then divide $6,948.00 into 3's, which comes out to $2,316 that each of us will pay out as part of the penalty. As you can see, I stand to lose the most money in all of this transaction. I am willing to forgo $2,316.00 on my part as per partner verbal agreement. So, why can't they uphold the verbal agreeement, since we all agreed to pay all expenses equally? Now, I did not have to pay F1 and F2 the remaining amount of their respective contribution money balance, because nothing was writen down to say they had given me each of their conribution money, and when added to my own contribution amount, the sum would be for the down payment, in including all escrow expenses. In good faith, I paid them the difference after deducting $2,316 from each of their contribution amount.
To top it of, after the escrow company returned the one lump check to me that I had sent out for the down payment,I wrote the check to F1 and F2 the difference or the remaining balance of their conribution money. In addition, isn't the fact that each of them already cashed their respective checks meant that they had accepted the check amount as the final say? If they had held the check and told me:" Look, we don't agreed with the check amount you sent us. We want all of it back.", then things would make more sense. However, as I've mentioned, there was no written agreement in the first place, so how can their argument stand in court? They have nothing to prove to the judge that I owed them anything, much less them wanting all of their money back. Is not what they are demanding ridculous and illegal?
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