A little back ground. We are lease to owning a house from a friend of my DH's family. They know each other through church. And he and I get along with her daughter, she has a little girl between my two boys and we would hang out with the kids, even went for drinks once. It was nice to have another mommy to talk to that was my age. This woman's mother is well into her 80's and rapidly declining. So she has been placed into a rest home, the best in town! She had fallen and could no longer live alone, so with her daughter being a teacher and her granddaughter a new mommy, she could not be left at home alone. Things were working out great,she is happy, visited everyday. What a rest home should be like.
Well her home was just across the street from her daughters. They decided to sell it and offered it to use for quite a bit less than it is worth, so of course we jumped on it! She drew up a contract that said that we had until December 31, 2009 to buy the house. No problem, we want to close before December 19th any way to get the rebate! So we started saving money for the down payment ($4000) and closing cost (about $8000).
We thought we had a few more months to save. Well when DH made the payment this month, she comes across the street and says she would like us to apply now, instead of later, because if we do not qualify, then her daughter wants to buy the house(long story short, she was going to move in, decided to work things out with her DH, they didn't work out, so now she is down the street in a house that cost to much and wants this one back). So fine, we had already applied for the loan.
So last night, my DH is doing the yard and decides to go ahead and pull out these horrible, smelly, bee attracting juniper (sp) bushes that are on either side of the walk by the front door (we are all allergic to them on top of that). While he was at it, he cut down some decorative grasses and some iris' in the front garden. There is a red rose bush that I love and we want to put some more in. No big deal. It doesn't damage the house, we are not remodeling the kitchen, or anything big like that, just some ugly over grown bushes and garden plants. Well she (the "landlord/owner") comes over this morning, when I open the door, with a smile, saying hi. She has her voice raised (not yelling, but more than I have ever heard) and was almost in tears. She said we breached the contract, that it was void and we had 30 days to vacat. She said it was THOUSANDS Of dollars of structural damage.
Here is my thing, yeah, we tore down some bushes and plants, but according to the contract, we did nothing wrong. Our contract states remodeling is RECOMMENDED to be postponed until after purchase. It does not say we are not allowed, it says recommended. So even if we had redone the kitchen, we would not have voided the contract. To make sure what I thought was correct I spoke to two realtors, who both agreed with me. With my grandfather, who was a realtor and landlord over 80plus house, and he agreed. I checked the laws, and was correct. I am also getting a letter from a judge(if not 2 or 3 of them) stating that I did not breach contract, no matter how upset she is about it.
And the THOUSANDS of dollars worth of damage, is not even A thousand, it would cost LESS than $300 to replace ALL the plants with labor being $35/hr. So now, we did not ruin anything. The shrubs were dying on the inside and the others were so over grown with weeds that it had to be done, in order for it to look nice.
I am so mad that she is grasping at straws to find something we did wrong so that her daughter can get the house. I understand she is having a hard time, but that is not my fault. This is my family and I will do what I have to to make sure WE are taken care of. I am not going to throw a tantrum. I will go by the law. But I will not be kicked out of this house because her daughter made a mistake. I know ALOT of people in this town who can help make sure that I do not lose this house. And not in a mean way. I know lawyers, judges, realtors. I have family with money, who have offered to loan it to us, before this even happened, so that we can have a home that is ours instead of renting.
Sorry this is so long, to those who read it. I am so upset right now. I have been running all over town, talking to every one, requesting letters, in case we need them. ARGH!!! I want things to go right for once, with out any bumps!
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