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Cash for keys broken contract by the evicting company

Discussion in 'Moving In & Out, Movers' started by OurLadysMaid, Jul 27, 2019.

  1. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    Is this something that we could consider suing for or would we be wasting time and money? Our mortgage company foreclosed on us (without notifying us of the sale date by the way) and were the buyers in the foreclosure. The realtor who brought the paperwork for the cash for keys was the one who let us know. He said he was supposed to come on the 19th but couldn't come til the 22nd. We signed the papers with the vacate date as the 22nd of next month. He just called yesterday and told me we need to sign new forms with the vacate date as the 17th of next month. Shouldn't the original forms we signed and emailed to him be the ones we legally go off of? It sounds like he screwed up by coming late and giving us 30 days from his date as opposed to the 30 days he was authorized to give us til. The problem is during the three days that we assumed we had til the 22nd we made rental plans and move plans and honestly, with a month old baby and 7 other children I don't know how I could possibly be out a whole 5 days earlier with a cleared out and cleaned up house. I'm also a college student with 2 weeks left in the semester and I work part time. I just feel like they're being unreasonable and causing stress that I really don't know how I can handle right now. Thank you for taking the time to read this and for any answer you can give as to whether or not we could sue.
     
    Last edited: Jul 27, 2019
  2. adjusterjack

    adjusterjack Super Moderator

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    It should be obvious that you can tell him you have a contract and he's stuck with it and you'll be out by the 22d.

    There's nothing to sue for because nothing wrong has been done yet.

    I don't see how he can compel you to sign new documents.
     
  3. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    Thank you for responding, Jack!

    The only thing I'm nervous about is, he left the forms with us to sign and email back to him but he didn't sign them til later. We don't have the forms with his signature.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Probably doesn't matter.

    If it got to court you have the copies that you signed and the emails showing your exit date of the 22d.

    He has nothing to show an earlier exit date.

    Report back after you tell him what I suggested. ;)

    Do it by email so you have a paper trail with his response.
     
  5. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    You are awesome! Thank you so much, Jack! I will keep you posted :)
     
  6. mightymoose

    mightymoose Moderator

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    No you don't. You are not required to do a darn thing. In fact, you don't even have to be out by the 22nd, although you would certainly lose the option to collect a payment for getting out.

    Before the 22nd I suggest you make sure you know how and when you will collect the cash. If they really want you out by the 17th they could get screwy with the offer to pay.

    I agree, signed documents or not, you have sufficient correspondence that will show what the agreement was.
     
  7. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    Yeah we are worried about the fact that they might find any little issue to find and not give us the cash. I will definitely read up on the cash for keys details. Thank you, Moose!
     
  8. Zigner

    Zigner Well-Known Member

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    Then leave by the 17th. - viola, no worries.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    They made rental and move plans for the 22d. I'd say there'd be real worries if they
    vacated by the 17th.
     
  10. Zigner

    Zigner Well-Known Member

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    Yes, but they want the cash and they want to avoid problems...Seems to me that the best solution might be to move by the 17th. I know it's not what they "should" have to do, but it might be the best all-around solution.
     
  11. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    Adjusterjack, I took your advice and forwarded him my original email, with the attachment of the original signed agreement, basically telling him in the forward that we need to stick to the original agreement because we’ve already started making plans based off of that. He didn’t respond yesterday but called this morning and left a message for me to call him. I emailed him letting him know I got his voicemail but also telling him that I’d prefer to correspond by email. He has called two more times today and hasn’t left a message. I think I should email again reiterating what I said about corresponding through email.

    Zigner, It’s hard enough to get a rental company to agree to a hurried move in date when you have eight children (most people don’t want to rent to us understandably) let alone deal with us calling them and saying oh by the way, we need to make it even earlier now.
     
  12. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    We have been outside all day. A car came to the driveway then turned around and we didn’t see him leave completely...just went out of sight. We went inside for a few minutes and came back out to find a “Demand for position” form on our gate This feels so wrong!!! Isn’t it?
     
  13. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    The realtor just showed up. He acted like he didn’t check his email today...but just happened to call four times. He said he doesn’t know why the eviction notice was posted. It was dated July 25th btw which seems odd if they are sincere in their cash for keys offer that their representative (the realtor) called to edit on July 26th and after we emailed the original agreement on the 24th. I’m so beyond frustrated. I will be calling a lawyer in the morning because they have been jacking us around since we first called two years ago to let them know we would be a little late on one month and they advised us to go three months late so they could work with us!!
     
  14. adjusterjack

    adjusterjack Super Moderator

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    You mean Demand for Possession.

    Good idea. I think we've been as helpful as we can be here.
     
  15. OurLadysMaid

    OurLadysMaid Law Topic Starter New Member

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    Lol yes I tried to edit that after I posted it but the site wouldn’t let me :) You have definitely been very helpful and I’m incredibly grateful! Thank you so much!
     
  16. mightymoose

    mightymoose Moderator

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    Good for you. The fact that he called two more times would really annoy me and make me not trust him. You want all communication in writing.
     
  17. mightymoose

    mightymoose Moderator

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    Luckily you already have your cash for keys agreement in writing.
    Their demand notice is likely just the start of the eviction process... They are just going through the motions in case you do not leave as agreed.
     
  18. Zigner

    Zigner Well-Known Member

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    I don't know how much money you're getting...but it might be enough to cover a hotel for 4 or 5 nights. Even two rooms probably.
     

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