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[Scotdark]

I purchased land  in okanogan county from a land developer in Tacoma...it is seller financed and has promised services to be done in the contract..promise to bring power to building site..but because he underestimated the cost he now basically says "sue me"... Am I up sh*t creek or do I have a leg to stand on? I have spoken to an attorney but they want $2500 just to get it started...maybe to some of you that's not too much but to me that's a lot..any suggestions or stories you might offer will help this stressful time..thanks

[MountainDon]

Unfortunately I believe the answer is there in your own post... 

he now basically says "sue me".

How much of your cash does he now have?   

This could get messy. 

[Scotdark]

16000... This just sucks because it's concerning why he would say that "sue me".. It makes me wonder if has something up his sleeve...oh well guess I have to start saving up $2500 and see if it pays off...I feel like I'm negotiating with trump right now

[Don_P]

If it is a part of a recorded contract... find another attorney. This should be able to be resolved with a letter from an attorney explaining just how expensive it is going to be for him to install power and pay for a couple of lawyers. Failing that $250 attempt, then I would entertain collecting a war chest. Tap him once to wake him up before you take his head off.

[Scotdark]

You're the second person to advise me of a letter resolving this...I think I will try this route first thanks

[cbc58]

don't know if this might work - but if they are a developer and selling other land, file a lien against other land (record in registry) so that when they go to sell it, they can't until it's cleared.  you might not be able to succeed but at the very least it will cause them some grief and delay and they may just pay you to go away. 

[Dave Sparks]

don't know if this might work - but if they are a developer and selling other land, file a lien against other land (record in registry) so that when they go to sell it, they can't until it's cleared.  you might not be able to succeed but at the very least it will cause them some grief and delay and they may just pay you to go away.

I don't think that will work, usually the lien is for a contractor or someone who has rendered a service, or taxes due.
Each state and county will have there own laws so it might be good to just go to the county tax people or the building department and ask questions.

If you end up with no power, I know just the guy.........

[Scotdark]

Hey Dave...what is it you do. " we go where power lines don't"... Solar? Wind?..nuclear reactor?...you have got my attention

[Redoverfarm]

If it is a part of a recorded contract... find another attorney. This should be able to be resolved with a letter from an attorney explaining just how expensive it is going to be for him to install power and pay for a couple of lawyers. Failing that $250 attempt, then I would entertain collecting a war chest. Tap him once to wake him up before you take his head off.

I agree with Don_P in that you need to seek other legal counsel.  A lawyer worth his salt can send him a letter advising him of the law regarding what he has done and just outline the ramifications.  Nothing has to be said of your course of action at that point just in a round about way what actually can happen.  If he values his company then he should see that it is in his best interest to make amends of some type.  If he doesn't ( there are some of those around) then you will have to pursue following through with your civil suit.

You might also contact the county attorney ( prosecuting attorney here) and see if he meets the criteria of " Obtaining money under false pretenses".  This would carry more weight being that it is a criminal offense.

In hindsight being 20/20 probably should have had him make the improvements and your purchase would be contingent upon that being done.

Good Luck.

[MountainDon]

Hey Dave...what is it you do. " we go where power lines don't"... Solar? Wind?..nuclear reactor?...you have got my attention

Dave will help you determine your power needs and provide PV system design that will work. Materials list, purchase assistance with good pricing on the best quality equipment. If I wanted assistance he would be the guy I would go to. Email him for more info.

[OlJarhead]

Question:  do you have a contract?  If you have a legal binding contract than I would imagine it isn't something he can win.

If you don't than I'd be more worried.

If the land is good land and the price is reasonable perhaps it isn't a loss just yet.  With that much down I'm assuming you have proof of equity (receipts and contract) so it isn't a case of losing the land as long as you continue to pay for it.

What will you do with the land?  Is it worth what you are paying for it without power?  If there is no guarantee for power and it's still worth the price than again, not to worry right?  If it isn't worth the price without the power and you have a contact, again, you win I think.

[Scotdark]

Jarhead I do have a recorded contract...with the promise to bring in power to building site at sellers expense and purchaser to pay for hook up fees to p.u.d....I think it's pretty crystal clear, but his smugness is what's throwing me off..the land is a retirement plan..I would have bought without the promise of power , I'm just a man of principal is all

[ChugiakTinkerer]

I'm with the crew advising to find another attorney.  If your sales contract specifies when the service is to be provided then you are on even firmer legal ground.  if the contract is ambiguous then you may have to put up with a delay in getting it provided.  If in fact the developer has no intention of putting in the electrical service then there may be the makings of a fraud case, although sufficient evidence to prosecute may be hard to come by.

A clear but firm letter should be able to resolve this.  A bad estimate on his part is on him.  Any deviation from the sales agreement would be up to you as to what is a reasonable resolution.  But you should decide before you go any further what you will accept.  Are you willing to walk away with your money refunded?  Are you willing to accept a lower purchase price in exchange for his failure to meet the terms of the contract?  Can you live with a reasonable delay in getting electrical service?  I think it helps you to know what you will settle for.

Presumably there are other lots being developed.  Does this guy have a practice of stiffing other buyers?  The county recorder's office can provide copies of other deeds or sales agreements and you can get a sense of whether this is a trend or your are a sole victim.  You should do this research yourself, as your time will be a lot cheaper than a paralegal's.

Edit to add: It looks like recorded contracts can be searched online at http://www.digitalarchives.wa.gov/
Under Detailed Search click on Agreements and Contracts and put in the seller information and see what pops up.

[cbc58]

i just re-read your original post where you say the land is seller financed.  perhaps you can simply withhold some payments from him and get an estimate on the cost to have it installed ?  messy situation and may be risky.

negative press is also an idea...   troubleshooter on T.V. ... 

[Scotdark]

Power was to be done by April 30 th...I contacted a lawyer here in oroville and low and behold he just advised me he just settled a case with this land company in Tacoma ...he will look over my contract and do a letter for me..it'll probably take a few weeks but fingers crossed and I'll keep everyone posted

[Don_P]

Kind of reminds me of when a contractor in defense of doing some fool thing says "Been doing it this way 35 years", all I can think is "A lawyer smiles and calls that a class action". I'm betting a letter from that lawyer will speak pretty loudly.

[OlJarhead]

Power was to be done by April 30 th...I contacted a lawyer here in oroville and low and behold he just advised me he just settled a case with this land company in Tacoma ...he will look over my contract and do a letter for me..it'll probably take a few weeks but fingers crossed and I'll keep everyone posted

You'll win this one

[Dave Sparks]

Hey Dave...what is it you do. " we go where power lines don't"... Solar? Wind?..nuclear reactor?...you have got my attention

I did actually work on a satellite that was powered by a small nuke.

[Scotdark]

Thanks to everyone for their help..gives me confidence to proceed..on a lighter note, google earth has updated its images as of March of this year for okanogan county...if you want to see what your land looks like from the sky...or if you want to see what other people are doing around your area, it's kinda fun and invasive all at the same time, thanks again

[Scotdark]

Actually I was just thinking, I wonder if the same satellite that's spying on us is the same one Dave worked on....hmmmm,,...I am just kidding

[ChugiakTinkerer]

Actually I was just thinking, I wonder if the same satellite that's spying on us is the same one Dave worked on....hmmmm,,...I am just kidding

Don't ask Dave, if he tells you he might have to something do unpleasant!   

[Dave Sparks]

Of course it is spying on you 
  I am sure it has been replaced with a much better one.

It is too bad  that there are far too many places in this world to be looking these days than Scotdark and me.

[MountainDon]

Let's not turn a perfectly fine topic into something political... politics deleted.

[Dave Sparks]

Good job Don!  There will be too much of that other stuff this year and we don't come here for that anyway!
  Still trying too figure out how too survive another fire season here....I guess it barely ended for 4 months!