Dallas-Fort Worth Real Estate Investor Club

New Creation Cathedral Homes

  • 22 Jun 2015 1:41 PM
    Message # 3399535

    Does anyone know of or have delt with <Deleted Person's Name> at <Deleted Company Name> in Fort Worth?  I have caught them in the middle of trying to sell (scam) one of my houses that I have under contract.  Has anyone delt with this and know who I should report this too?

    Tim

     

    Last modified: 22 Jun 2015 8:42 PM | Robin Carriger (Administrator)
  • 22 Jun 2015 9:01 PM
    Reply # 3400055 on 3399535
    Robin Carriger (Administrator)

    Tim,

    In my judgment, using a specific person's name and/or the name of a specific company in conjunction with the word, "scam," is better left to discussions elsewhere.  That's why I removed those references above.

    However, you have a good question about a real experience that's worthy of discussion.  The closest I've come to something like that is when I got a blast email from a wholesaler offering up a house I had under contract to buy at the time.  I quickly called the number in the email.  The wholesaler and I had a good conversation and settled on a way to help everyone involved.  He offered to give me a specific amount (not a percentage) of his wholesale fee, and that was acceptable to me.  In this case, the seller had not told him that he had signed a contract to sell his house to me, so, when the wholesaler realized the issue, he did the right thing.

    I typically recommend direct but unemotional communication in situations like this.  It doesn't always work, but making an honest effort is worthwhile.

    If that doesn't work, you can record an Affidavit of Memorandum of Contract with Tarrant County.  If the guy is a TREC licensed real estate agent, I believe you can also file a complaint against him with TREC.

    Thanks,

    Robin

  • 23 Jun 2015 11:20 AM
    Reply # 3400784 on 3399535
    Deleted user

    Hi Tim, 

    I agree with everything you said Robin… One should avoid using the word “scam”…. It can be libel/slander versus that person/company, especially if that person is not scamming anyone, and if it impacts business based on your post/comment…  Libel can be serious. In this instance Robin removed the person's name so you’re good, but be careful!

    Also, keep in mind that with Libel there is a 1 year statute of limitations so you would know pretty soon (in other instances and in general) if this is an issue. For breach of (verbal/written) contract (for example) the statute of limitations is 4 years, but again be careful, as the plaintiff may decide to wait that entire 4 years to bring action against you and it could catch you off guard… You may have an issue w/ that person/company and think “this issue has gone away because it has been 2 years and I have had no contact with this person/company” for example… That is not always the case, and someone may wait 3 years 11 months to take action…

    Other Torts range from 1 – 4 years and beyond so know your law and understand the nuances…  

    Bottom Line- Be careful about what you say about people that others can see. Read about the laws related to REI and understand them so that you’re aware and protected.

    Thoughts? 

    Thanks,

    Brian R. Baker, MBA

    Texas Housing Partners LLC. 


    Last modified: 23 Jun 2015 8:52 PM | Deleted user
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