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Home sellers beware: Fee might be hidden
San Antonio Express-News ^ | 03/29/2010 | By Jennifer Hiller - Express-News

Posted on 03/30/2010 8:10:56 AM PDT by Responsibility2nd

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To: DManA
Could this be void on the grounds it is an unconscionable contract? IANAL

What reasonable person would agree to this?

The same idiots who agree to sub-prime/balloon notes.

41 posted on 03/30/2010 9:13:09 AM PDT by E. Pluribus Unum (FYBO: Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: Responsibility2nd

This is why I read every word of every contract I ever sign. I would not buy a home under this contract unless I got a discount sufficient to cover the extra cost that they are delaying and to cover the reduced value due to added difficulty in selling a house with such a gross provision attached. BTW, I would love to get the builders on a home that was going to stay in the family forever - go ahead and defer your profits without realizing that we’re not the transients you hoped for.


42 posted on 03/30/2010 9:14:06 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Responsibility2nd
If I were a greedy developer seeking to prey on unsuspecting dummies, I’d emphasize how I’m lowering the sales price!

It would be kind of funny if a developer did this for a big neighborhood, everybody moved in, and nobody sold a house for 99 years, just passing them to the kids.

43 posted on 03/30/2010 9:16:12 AM PDT by antiRepublicrat
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To: Responsibility2nd

I wonder what would happen if someone with this kind of contract walked away from an underwater house? Would the bank be liable? Are banks going to take a big hit from this?


44 posted on 03/30/2010 9:16:27 AM PDT by DManA
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To: Responsibility2nd

What a crock....This is gonna give realtors a new idea. I am sure they would like a piece of this future pie, as well. A homeowner already shares his “profits” with local government in the form of increased property taxes - or at least he did when the housing market was booming. What’s another 1%? Has Pelosi heard of this? She might like to cook up some new legislation. Can anyone say “Government Assisted Seller’s Program”(GASP)? Of course we will need another 16,500 IRS agents to make sure the assistance fee is collected....


45 posted on 03/30/2010 9:19:58 AM PDT by Donkey Odious (I can explain it to you. I can't understand it for you.)
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To: Responsibility2nd
This scheme appears to run counter to the express language in both the standard granting clause and the standard habendum clause found in most warranty deeds in Texas (and probably most other states, as well:)

Standard granting clause:

...have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said __________________, of the __________________ (give name of city, town, or county), in the state of __________________, all that certain __________________ (describe the premises)...

Standard habendum clause:

To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said __________________, his heirs or assigns forever.

Of course, I guess this pack of jacklegs could present some kind of modified form of warranty deed that might suit their purposes...but if they do that, I'm not interested.
46 posted on 03/30/2010 9:22:13 AM PDT by Milton Miteybad (I am Jim Thompson. {Really.})
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To: Pollster1

My builder (from 1983) went out of business years ago.

But if he had imposed a 1% fee to him or his heirs or whoever he designates, then wouldn’t that open himself up to huge problems later on if I wanted to sue because of foundation problems or siding problems or whatever?

Luckily for me, he built a good home.

But imagine a builder being that accessible - that available for 99 years. If I were a builder, that 1 percent would just not be worth it.


47 posted on 03/30/2010 9:24:52 AM PDT by Responsibility2nd
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To: Milton Miteybad; SnakeDoctor

Might be of interest ping.


48 posted on 03/30/2010 9:31:16 AM PDT by Responsibility2nd
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To: Responsibility2nd

This is one of those big “gotchas” that can only hurt Conservatives.

The same people who used to write credit card agreements are now in the title business apparently.

After getting their pocket picked over and over and over, the public suddenly finds they have no stomach for free markets and deregulation.

(of course the Democrats will ban this practice, only to devise a more onerous tax that works in similar fashion...but I digress)


49 posted on 03/30/2010 9:31:50 AM PDT by Buckeye McFrog
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To: Responsibility2nd

Just because the seller (or developer in this case) asks for it, doesn’t mean they are going to get it.

If someone tried to slip a clause like this in a contract, I’d tell them where to stick it. There is plenty of houses for sale—plenty of COMPETITION.

Nobody is twisting your arm to buy a house with this kind of rider. It’s like neighborhood covenents. If you don’t want to live under them, don’t buy a house in a neighborhood with covenents.


50 posted on 03/30/2010 9:38:29 AM PDT by Brookhaven (The next step for the Tea Party--The Conservative Hand--is available at Amazon.com)
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To: E. Pluribus Unum

You nailed it.


51 posted on 03/30/2010 9:45:28 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Brookhaven

Nobody is twisting your arm to buy a house with this kind of rider. It’s like neighborhood covenents. If you don’t want to live under them, don’t buy a house in a neighborhood with covenents.

____________________________________________

And yet.... Millions of people voluntarily buy into homes with oppressive HOA dues and restrictions.

Go figure.


52 posted on 03/30/2010 9:51:45 AM PDT by Responsibility2nd
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To: Responsibility2nd

Yet another reason not to buy into places with “homeowner associations”.


53 posted on 03/30/2010 9:54:42 AM PDT by zeugma (Waco taught me everything I needed to know about the character of the U.S. Government.)
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To: Responsibility2nd

Boycott home developers/developments and HOA neighborhoods.

The homes are generally poorly built, often on “fill” land. Who knows what problems are lurking in these places?


54 posted on 03/30/2010 10:09:47 AM PDT by Lorianne
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To: Buckeye McFrog
After getting their pocket picked over and over and over, the public suddenly finds they have no stomach for free markets and deregulation.

Excellent point.

I wonder if some of the same posters who say here "as long as it's in the contract. it's legal and I'm OK with it" are also posting on other housing threads that underwater homeowners should not mail in the keys and return their houses to the bank because, contract notwithstanding, they have a "moral obligation" to pay off the full amount borrowed.

55 posted on 03/30/2010 11:13:12 AM PDT by Notary Sojac (Mi Tio es infermo, pero la carretera es verde!)
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To: Responsibility2nd

It’s amazing how creative people can be when it comes to dipping their hands into other peoples’ pockets.

I hope the Texas legislature nips this thing in the bud.


56 posted on 03/30/2010 6:07:34 PM PDT by Rocky (REPEAL IT!)
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