Updated 7/27 Oh Come ON!!!!!!!!!!!!!

UPDATE 7/27
Thanks so much for all the responses and hugs.

Unfortunately the deal is dead. We spent the weekend looking for a rental (cannot believe I'm back in this position at this time but whatever) and found one that's fine, suits our needs for the next year.

We also found out Fri that is coming even earlier than expected - now Aug 20 - so we are rushing around like no one's business trying to get things ready - pack, move, settle in, have a baby on top of working, taking care of DS, etc.

Anyway, for those interested we've come up with a (probably more than) reasonable number for the seller to pay us given the expenses we have and will incur b/c of this so we're waiting to hear back. If he does not agree to the amount, we'll put a lien on the house and take him to court. Hopefully he'll make it easy on everyone and just agree - it's a ridiculously low amount considering we'd have been out $25k if we pulled out but it'll cover the basic expenses and let us put this crap behind us. I'll keep this post updated if anything else comes up.

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After almost a year of crap (4 contracts on our co-op, 2 houses to move into) DH and I are waiting on our closing dates on both the co-op we're selling and the house we're buying, expected to be in the next 2 weeks.

Our atty received a LOVELY fax this morning "informing" us that the seller of the house (who is moving back to India, to join his entire family, which has been back for months) lost the job lined up in India due to the economy and "intends to withdraw his offer to sell" the house.

W T FFFFFFFFFFFFFFF???????????? Are you KIDDING me?!?!?! Uh, sorry and all but I am EIGHT MONTHS PREGNANT and have an 18 month old, you "withdraw your offer to sell"? There is no OFFER - you are contractually bound, jackarse!!

I want to throw up. Obviously, legally, he's bound to the contract since there were absolutely no sale contingencies stated on his end. But what does that mean - we physically lift him up and remove him from the house?? I mean, seriously!!

Our atty is working on it and everything, I just needed to vent. This stress is not something I need with a month to go before #2 arrives!

If you got this far, thanks for reading

Message edited 7/27/2009 7:12:00 AM.

Re: Oh Come ON!!!!!!!!!!!!!

I am sure your attorney will work on this for your benefit. I am so sorry you have to have this stress at 8 months pregnant!

Re: Oh Come ON!!!!!!!!!!!!!

That s-u-c-k-s!!! Maybe you guys will be able to work something out and you guys can still get the house!!

Re: Oh Come ON!!!!!!!!!!!!!

fight it!! one of my mother's neighbors was in contact and then tried to withdraw but she couldnt. within 4 weeks, the new people were in...

I hope it works out! Put your REA to work, that is why you PAY him/her!!

Re: Oh Come ON!!!!!!!!!!!!!

That really blows.. i'm so sorry and i'm sure you don't need this right now.

But how can you 'force' him to sell his house? i know it's in contract, but if he doesn't go through with it, what are the ramifications for him? does he get arrested? fined? what happens?

sorry

Re: Oh Come ON!!!!!!!!!!!!!

Posted by Otherme

That really blows.. i'm so sorry and i'm sure you don't need this right now.

But how can you 'force' him to sell his house? i know it's in contract, but if he doesn't go through with it, what are the ramifications for him? does he get arrested? fined? what happens?

sorry

Re: Oh Come ON!!!!!!!!!!!!!

OH NO! That is horrible! You definitely don't need this stress now. Hopefully your lawyer will come through and get you your house

Re: Oh Come ON!!!!!!!!!!!!!

So sorry to hear this, especially when you're so far along!

Hopefully the attorney's on both sides can work something out.

Re: Oh Come ON!!!!!!!!!!!!!

OMG eileen i am so sorry to hear this!! i hope it all works out - this is NOT what you need right now!!!

Re: Oh Come ON!!!!!!!!!!!!!

as long as he stays in the house he will owe you rent.

Your attorney will work it out.

So sorry. This is not what you need.

He lost his job?

I think he got into a big fight with his family.

Re: Oh Come ON!!!!!!!!!!!!!

what an arse indeed!!!

leave it to your atty to iron it all out and just focus on the good things.

i hope you don't have to deal with that much longer.

Re: Oh Come ON!!!!!!!!!!!!!

Ugghh! What a horrible situation. I hope it gets resolved quickly and you get your house. Maybe when he finds out there are legal ramifications to backing out of a contract and/or fines, he'll change his mind.
Good luck!

Re: Oh Come ON!!!!!!!!!!!!!

That's crazy! I am sooo sorry Eileen!

Legally, he HAS to move - you are in a legally binding contract. How long it takes for someone to make that ruling is what the problem is going to be.
Make sure your lawyers threatens every legal avenue to him to let him know that his house will be caught up in legal proceedings for years if neccessary so he might as well give up now. The threat may work.


I hope it works out sooner than later

Re: Oh Come ON!!!!!!!!!!!!!

I hope everything works out.

Re: Oh Come ON!!!!!!!!!!!!!

I am sooo so sorry! It sounds like the absolute worst thing he could do right now and what a terrible position he put you in! I hope it all works out for you!!

Re: Oh Come ON!!!!!!!!!!!!!

Eileen - -I'm SO sorry - that's very frustrating!

But, if it helps at all and you plan to look around, a few new good houses have come on the market in that area (I'm always watching but I need to stop!!)

I hope it works out no matter what happens.

Re: Oh Come ON!!!!!!!!!!!!!

So sorry you have to deal with this. The job market in the US isn't very good either. Does he still have a job here? I would think he'd still go if his whole family is there. At least, I hope so for your sake!!

Message edited 7/23/2009 2:25:12 PM.

Re: Oh Come ON!!!!!!!!!!!!!

Oh no! I'm so sorry - I hope it works out!!!!

Re: Oh Come ON!!!!!!!!!!!!!

I am so sorry! We are going through H E L L with our buy, and I want to seriously murder the seller. This whole thing just needs to be over and we both need to be in our houses!

Re: Oh Come ON!!!!!!!!!!!!!

omg, that's not right at all!

i am so sorry.

he should atleast be fined or something

Re: Oh Come ON!!!!!!!!!!!!!

Good luck, I hope it works out, you definitely don't need the stress. We had a deal fall through (even after contract) when I was 3 months pregnant, but we hadn't yet given up our apt.

FYI - our seller had to get treatment for termites before we closed. I believe it was about $1,200 because her attorney was trying to get us to pay for it. I wouldn't worry about that - you could do it after the fact and probably hold the money back from the final sale of the house.

Re: Oh Come ON!!!!!!!!!!!!!

I don't think you will be able to force him to sell the house.

He is going to use the issue of losing the job as a circumstance for reason not to go through with the sale.

So it's not like you will be able to kick him out of his own house on your contract date.

If he doesn't agree to sell, you will have to sue him for actual damages you have incurred for him not going through the sale. Sue him for stuff like rent while you find a new house, expenses you had for this house (like application fees, appraisals, lawyer fees, etc.)

Sucks. I would start looking for another house ASAP (without them knowing).

Re: Oh Come ON!!!!!!!!!!!!!

Posted by ave1024

I don't think you will be able to force him to sell the house.

He is going to use the issue of losing the job as a circumstance for reason not to go through with the sale.

So it's not like you will be able to kick him out of his own house on your contract date.

If he doesn't agree to sell, you will have to sue him for actual damages you have incurred for him not going through the sale. Sue him for stuff like rent while you find a new house, expenses you had for this house (like application fees, appraisals, lawyer fees, etc.)

Sucks. I would start looking for another house ASAP (without them knowing).

Re: Oh Come ON!!!!!!!!!!!!!

OMG what a nightmare. I hope things start to turn around for you shortly and you get into the house!

Re: Oh Come ON!!!!!!!!!!!!!

Oh Eileen I can't BELIEVE that.....

I am so sorry -- hope it all works out...