QUESTION
How do I remove cloud from house flipper
Asked on Feb 06th, 2021 on Breach of Contract - Arizona
More details to this question:
I signed a contract with a house flipper called "Phoenix Wholesale Homes" and wanted to buy another one as replacement. The contract is from him which says "Buyer can cancel the contract anytime for any reason." Three days before escrow, he sent me an addendum of a lower price and said he would cancel escrow if I do not sign. I declined to sign and withdrew of my bet for replacement. Ten days later he changed his mind and wanted to proceed with original price. I do not want to sell because market changes in these two weeks and I cannot bet the replacement at the same price. The flipper threaten me to cloud the title of my house.
1 ANSWER
First, it sounds as if you did everything by the book. Second, it sounds as if the flipper was trying to scam you. We you rejected his counteroffer, there was no longer any valid offer on the table. When the vlipper came back to you with the original offer, you were not obligated to accept his offer, since you rejected the counteroffer.
For some reason, I really don't believe this flipper is going to cloud your title. He knows he has no right to do so. But, to answer your question, if he clouds your title or theathens to cloud your title, you can tell him that you will take court action to Quiet Title and he will be responsible for your legal fees when you prevail. A Quite Title action can help clear up issues on a property's title. You can also tell them that, if you prevail and he doesn't pay your legal fees, you will file a Lis Pendens on one of his flipped properties. With a Lis Pendens, the flipper will be uanble to sell his property without paying you off. This will get his attention.
Answered on Feb 07th, 2021 at 11:58 AM