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Joined: Aug 2003
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I would never agree to buy land I could not walk, examine, survey, etc. Eff that noise. If you want to sell, cap of the crazy for a bit and let folks do what is reasonable.


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Originally Posted by ROMAC
You are correct for the most part for small time residential transactions.

And, working it out is always best.

I was talking a post Monday apocalypse.

But it can chase buyers away, and forces their hand to deal with you.



I don't think working it out is always the best. I paid for it, move along. If you're going to show your ass, which they did, fugg them.

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I'd say 50/50 chance. Had a buyer do that one time. Ghosted us and the bank he was getting the loan through. It was a good market so I put it back on the market, but we kept his deposit (minimal $5,000 if I remember correctly).

Said it many times on here....80% of people would be best served with a .22lr behind the ear. I'm being generous at that.



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Originally Posted by H5farm
I recently bought 100 acres from a guy in a land purchase. He lives on a county road that is more or less private as only his house and another land owner live on the road. The land in this area is highly sought after and is 4 minutes from town. I approached him about buying some land and he laughed in my face. Then a month later he called me wanting to sell out. He was supposedly going to sell me 100 acres and sell some land on another road that backs up to his place in total he was selling about 180 acres including my purchase. He found a new place on the river and he was using the money from both land sales to purchase it out right. My wife even helped him with the contract on his new purchase as she is a lawyer.

After we signed our contract, He asked that I respect his privacy and not go on the property until the deal was done. Only once in the last month did I even drive down the road the property is on which, I notified him I was going to do. He said it was ok to do that, however when I drove past and turned around to leave as the road dead ends he flagged me down and chewed my ass for coming down the road and upsetting his wife. I apologized and left. This land has been in his family since 1920 and has some sentimental value.

Time has gone on and today was the closing on the land. I was told he and his wife would be there. My wife and I arrived and signed all the papers and I rolled 250K in a 10-31 farm deal into it and got a loan for $75k to buy it. I also sold most of my equipment from my old farm as I would not need most of it on this new place as it is mostly timber. Anyways, He did not show to sign. I was told he and his wife would now come on Monday to sign. I asked him if everything was ok with our deal and why he did not show to sign. He said his wife was bit by a tick a few days ago and didn't feel good. He said she had improved today. The title people offered to take the paper work out to them to sign at their home. They refused. I asked him if me and my family could go out to the land and look around as I was only allowed to see it one day for 15 minutes. I was never allowed back on the place. He said no. He said his wife wants her privacy and they would go and sign the papers Monday morning.

Some how, I don't believe this is going to happen. He will blow 3 contracts and be sued by all involved and the title company if he does not sign. I am out thousands of dollars in closing costs and now only have 4 months to find land or pay taxes due to the 10-31 deal.

I was very calm and said ok, Monday is fine. I hope she feels better. I have my house that I live in listed for sale and a floor planned and builder lined up for this property to build a new house and live on. I have alot invested in this deal due to it being in the right school district for my two kids. Am I going to get screwed on this deal??????


You are only going to get screwed if that is your choice. You hold all the cards, remember that.

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The guys bat chit crazy. Hire a real estate lawyer, file a lis penders and a suit for specific performance

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Had the flip side of this happen when a neighbor sold his farm. 200 acres m/l sold at auction in 4 or 5 tracts. Old geezer from the city came to the auction and bought every tract. Bid $4K to $5K per acre when most local farms were lucky to bring half that per acre. Auction was on a Saturday. Early following week, found out the guy had been committed to a mental institution. Turns out the guy was spending HIS WIFE'S money to buy the property. When she found out how much, she said NO. Given that all of the auction documents were properly executed legal contracts, she had him placed in a mental institution as "crazy. not competent to transact legal business" to avoid being forced to honor the contracts and pay up in court.



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Originally Posted by H5farm
Am I going to get screwed on this deal??????

Yes.


l told my pap and mam I was going to be a mountain man; acted like they was gut-shot. Make your life go here. Here's where the peoples is. Mother Gue, I says, the Rocky Mountains is the marrow of the world, and by God, I was right.
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It sounds like a good deal. 180 acres for $325k


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Good luck. No idea here if it will work out. Did you ever meet his wife?


Retired cat herder.


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I know I have a lawsuit and my wife is a lawyer although this is not her specific area. I just am asking for your gut answer.

I don't want a lawsuit it will drag out for years.

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H5,
My experience has been, you will receive back any earnest money you put down and that is it. I’m 0-2 in fighting in court, hopefully he will arrive Monday. Now your state may be different, but bottom line is how the land is titled for ownership. You can look early Monday at your County Court House at the land records and quickly access your situation mostly likely. I purchased a 40 one time that traded for a milk cow, female goat and a sow pig, very fun to look at if you were under different set of circumstances. You can also place the 10-31 proceeds into other options if you qualify as an accredited investor, I realize that’s not what you want to do but nevertheless you can. Keep all correspondence from your failed closing, very few are working daily in the IRS offices, I would still call then follow up with letter. You will be allotted the time from when you signed contract until the failed closing date to your 2 week times up. But damn you cut it close on 2 years for reinvesting proceeds.
Best of luck, start a plan B if you haven’t already.

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100 acres on special road district (paved) $325,000 was my part.

It was closed at title co with title ins. Free and clear title

Last edited by H5farm; 06/19/20.
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Originally Posted by H5farm
I know I have a lawsuit and my wife is a lawyer although this is not her specific area. I just am asking for your gut answer.

I don't want a lawsuit it will drag out for years.


Think you showed your cards a bit too soon.

g


"I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
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On a 1031 you have sixty days to identify the property or properties you intend to purchase. You have six months to get the deal done. If you have not identified other properties you may be sol. It happened to me when a seller backed out. Cost me $100,000 in taxes that I could have reinvested.

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Originally Posted by alwaysoutdoors
It sounds like a good deal. 180 acres for $325k



That would be a steal here. Land here, good farmland, is bringing $10-12,000 an acre. Of course, that's Mennonites that sold land in Pennsylvania for 2 or 3 times that, and are resettling here. Just about anything here will bring $5000 an acre or more.

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Originally Posted by H5farm
100 acres on special road district (paved) $325,000 was my part.

It was closed at title co with title ins. Free and clear title

I hope it works out for you. He may sign it .


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Call a RE lawyer. Let them handle it.


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l told my pap and mam I was going to be a mountain man; acted like they was gut-shot. Make your life go here. Here's where the peoples is. Mother Gue, I says, the Rocky Mountains is the marrow of the world, and by God, I was right.
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Sounds like some chit I’d stumble into. Wait and see what transpires on Monday.

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I'd drive the road again.

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