Federal Law

Distressed Home Sellers Beware: Once You’ve Signed a TREC One to Four Contract You’ve Got 72 Hrs to Rescind

Per the TREC Contract, the Buyer in this case negotiated 15 days to cancel the deal, the Seller is allowed only 3 days to rescind.

LIT COMMENTARY

Seth Castillo <scastillo@bigstatebuyers.com>
Mon, Mar 6, 5:25 PM (13 days ago)
to justice@lawsintexas.com

Given the extreme nature of your allegations, without any first hand knowledge of, or from the party you are claiming to be at fault in these articles, a phone conversation is a very reasonable thing to ask of you before I take the time to respond to the items you have requested.

Do you have the desire to know the truth? Or am I wasting my time and you are just hoping to have a little more information to misconstrue?.

I am giving you the benefit of the doubt in reaching out, and I am hopeful your intentions are not as malicious as they seem face value. Either way, please let me know and I am more than happy to discuss in a manner that is fair.

—–Original Message—–

From: justice@lawsintexas.com <justice@lawsintexas.com>
Sent: Monday, March 6, 2023 6:03 PM
To: Seth Castillo <scastillo@bigstatebuyers.com>
Subject: RE: Laws In Texas “Article Inquiry”

[You don’t often get email from justice@lawsintexas.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]

Not how we work.
You should re-read the reply.

—–Original Message—–

From: Seth Castillo <scastillo@bigstatebuyers.com>
Sent: Monday, March 6, 2023 4:55 PM
To: justice@lawsintexas.com
Subject: RE: Laws In Texas “Article Inquiry”

I am happy to address all three articles. I would like to setup a time to discuss. What is a good number to reach you at?.
Thank you,

—–Original Message—–

From: justice@lawsintexas.com <justice@lawsintexas.com>
Sent: Monday, March 6, 2023 3:10 PM
To: Seth Castillo <scastillo@bigstatebuyers.com>
Subject: RE: Laws In Texas “Article Inquiry”

[You don’t often get email from justice@lawsintexas.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]

Howdy,

If you wish to submit your documents and written arguments contesting LIT’s article, we’ll gladly review.
We would request you address the other two articles on LIT pertaining to your company at the same time.

Another Off Market LLC, DBA Big State Home Buyers Unconscionable Ten Dollar Contract

e.g why substituted service has not been executed since Jan 5, when the court granted your request by Order.

Distressed Home Sellers Beware: Once You’ve Signed a TREC One to Four Contract You’ve Got 72 Hrs to Rescind


e.g. why you non-suited.

++++

From: Seth Castillo <scastillo@bigstatebuyers.com>
Subject: Article Inquiry
Message Body:
Hello,

I am reaching out in regard to this article (see link below). I can certainly appreciate an effort to keep companies honest, as I can imagine there are some cases out there where the seller was in fact in the right. While that is not the case here, I would be happy to have a conversation and share the full facts of this transaction with you so you can make your own determinations. Please reach out to the email provided and I’ll follow up with you directly.

Thank you, and I look forward to hearing from you.

https://www.google.com/amp/s/lawsintexas.com/texas-real-estate-scams-off-market-llc-dba-big-state-home-buyers-unconscionable-ten-dollar-contract/%3famp

This e-mail was sent from a contact form on Laws In Texas (https://lawsintexas.com)

 202271949

OFF MARKET LLC DBA BIG STATE HOME BUYERS vs. BROWN, LAURICE C.

(Court 295, JUDGE DONNA ROTH)

NOV 2, 2022 | REPUBLISHED BY LIT: NOV 2, 2022

The TREC Contract was Signed on Oct. 22, 2022

The home is valued at $243k and the buyer offered $160k, that’s $83G’s equity (before closing costs). Quite the return on your investment. Yet for this low-ball offer, the cash tendered to consummate the contract is a pittance, $1,100.

The seller didn’t wait to reject the offer, clearly she has let the buyers know and been transparent about the fact she’s changed her mind. After all, suit has been filed within 10 days of the contract.

Whether it’s because she obtained a better financial offer is of no relevance here, the only question which is not answered in the petition is did she cancel within “3 days” allowed under law?

PLAINTIFF’S MOTION FOR NON-SUIT WITHOUT PREJUDICE

COMES NOW, Plaintiff Off Market, L.L.C., a Texas limited liability company, d/b/a Big State Home Buyers [“Plaintiff”] and files this Motion for Non-Suit Without Prejudice and would respectfully show the Court as follows:

Plaintiff no longer wishes to pursue this claim at the present time.

Respectfully submitted,

The Law Offices of Aaron D. Bieber, PLLC
2245 Texas Drive, Suite 300
Sugar Land, TX 77479 Tel: (281) 566-2534

By: /s/ James F. McMartin IV
James F. McMartin IV, of counsel
State Bar No. 24065727
E-Mail: james.mcmartin4@gmail.com

By:/s/ Aaron Bieber
Aaron D. Bieber
State Bar No. 24093969
E-Mail: aaron@aaronbieberlaw.com

ATTORNEYS FOR PLAINTIFF

No movement since filing.

No movement since filing.

No movement since filing.

202271949- 7
Active – Civil
OFF MARKET LLC DBA BIG STATE HOME BUYERS vs. BROWN, LAURICE C. 11/1/2022 295 Civil Other Contract
202260514- 7
Active – Civil
OFF MARKET L L C A TEXAS LIMITED LIABILITY COMPANY DBA BIG STATE HOME vs.
JOHNSON, COREY DEWAYNE
9/21/2022 055 Civil Other Contract
202251577- 7
Disposed (Final)
OFF MARKET L L C (D/B/A BIG STATE HOME BUYERS) vs. ALVARADO, CELIA O 8/19/2022 270 Civil Other Contract
202244360- 7
Active – Civil
OFF MARKET L L C (D/B/A BIG STATE HOME BUYERS) vs.
EDWARDS, JAME
7/25/2022 165 Civil Other Contract
202233117- 7
Active – Civil
OFF MARKET LLC (D/B/A BIG STATE HOME BUYERS) vs. PORTER, ETHEL M 6/3/2022 061 Civil Debt / Contract – Consumer / DTPA
202233266- 7
Active – Civil
OFF MARKET LLC (DBA BIG STATE HOME BUYERS) vs.
SCOTT, JACQUELINE (IN HER CAPACITY AS THE COURT-AP
6/3/2022 011 Civil Other Contract
202227645- 7
Disposed (Final)
OFF MARKET LLC DBA BIG STATE BUYERS vs. HENSLEY, BINNIE 5/9/2022 011 Civil Other Property
202226183- 7
Disposed (Final)
OFF MARKET LLC (DBA BIG STATE HOME BUYERS) vs.
BRADY, HARLENE
5/2/2022 334 Civil Debt / Contract – Other
202200754- 7
Ready Docket
OFF MARKET LLC (D/B/A BIG STATE HOME BUYERS) vs. WILLIS, ROGER E 1/5/2022 334 Civil Other Contract
202172598- 7
Disposed (Final)
OFF MARKET LLC (D/B/A BIG STATE HOME BUYERS) vs.
THE ESTATE OF MARIE POTTS
11/4/2021 061 Civil OTHER CIVIL
202154670- 7
Disposed (Final)
OFF MARKET LLC (D/B/A BIG STATE HOME BUYERS) vs. PETTY, MARNIE LYNNE 8/30/2021 190 Civil Other Contract
202154815- 7
Disposed (Final)
OFF MARKET, LLC D/B/A BIG STATE HOME BUYERS vs.
SERATT, KAREN T
8/30/2021 127 Civil Other Contract

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Distressed Home Sellers Beware: Once You’ve Signed a TREC One to Four Contract You’ve Got 72 Hrs to Rescind
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