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Baboots
I miss you grandma
Member since 8/05 1437 total posts
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Can the Seller back out of the Contract?
We all signed the Contract, but my lawyer is trying to get everything and anything out of the Seller. The Seller has left the home already and moved on. When I spoke with the Seller last night, he seemed to sound annoyed at all these little things that my lawyer is asking for. I'm afraid he might want to back out on us because we're being a pain in the a$$. What do you guys think?
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Posted 9/8/05 2:20 PM  |
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Prudential Douglas Elliman Real Estate
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: Can the Seller back out of the Contract?
It depends on what your attorney is asking for.
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| Posted 9/8/05 2:25 PM |
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MrsERod
Praying for Everyone.
Member since 5/05 26170 total posts
Name:
MrsERod™®
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Re: Can the Seller back out of the Contract?
i wouldn't even be speaking with the seller directly... how did that come about??
and if they do back out of the contract, then they have to give you back your $$
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| Posted 9/8/05 2:35 PM |
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Re: Can the Seller back out of the Contract?
I wouldn't worry- the seller probably does not want to deal with trying to sell again.
Maybe tell your lawyer to back off?
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| Posted 9/8/05 2:40 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by BrunetteMom
It depends on what your attorney is asking for.
Well, the Seller doesn't have the CO's for the deck, jacuzzi in the back deck, shed and fence. The house is a corner lot. To make a long story short, according to the Town the house is in, all of the requirements seem to be right, just that they do not have permits. We don't actually want to get permits for this stuff as we know our taxes will fly through the roof, but just to be compensated as if we were getting the permits. Being the owner lives in Florida, he did not want to have to deal with this, so he cut us a personal check for X amount of dollars to cover the costs of what they should cost. Fine, well I get the check and the memo reads "to cover all agreements prior to closing". Well, my lawyer lost it and threatening us not to cash this check that we are to bring it with us at the closing. Now should I call the Seller AGAIN and ask him to change the memo in the check or wait for us to cash it at the closing. DH is afraid the check will bounce by then and we'll loose out on this $$. What an ***** headache this has been. I just want it to be over. I'm just afraid if I call him again, he'll back out because he's had it with us. Meanwhile my husband and I don't really care about the "little" stuff, we just want to get in already !! Thanks  P.S. my lawyer is my FIL
Message edited 9/8/2005 4:47:12 PM.
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| Posted 9/8/05 2:57 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by MrsERod
i wouldn't even be speaking with the seller directly... how did that come about??
and if they do back out of the contract, then they have to give you back your $$
Apparently, no one can deal with the Seller's attorney. From what I hear, she a b!tch and very hard to deal with. So, being my lawyer can't talk with the Seller directly, I'm left to do the talking and I am the worst with this stuff. Forget about my husband, he's even worse. He'll either tell the Seller to f-off or give him money....depending on his mood. Right now, I'm thinking f-off as he's so mad right now. 
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| Posted 9/8/05 3:02 PM |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: Can the Seller back out of the Contract?
C of O's are a real big deal esp. in certain villages (if applicable). So he wrote you a check to cover the costsof the permits? I would have him rewrite you a check if that's the case. OR they can have him have his attorney have the bank right you a check from his proceeds of the loan at closing. That check will not bounce because it's the bank's money.
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| Posted 9/8/05 3:12 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by BrunetteMom
C of O's are a real big deal esp. in certain villages (if applicable). So he wrote you a check to cover the costsof the permits? I would have him rewrite you a check if that's the case. OR they can have him have his attorney have the bank right you a check from his proceeds of the loan at closing. That check will not bounce because it's the bank's money.
So he should rewrite us a check indicating in the memo area that this $$$ is for the co's??? My lawyer (FIL) is just worried that if we do the walk through and something is broken (i.e., the washer, etc.) than he'll just weezel his way out saying that this check is to cover it. I guess he has a point, but I don't think (or at least I hope) he wouldn't do that. Besides, I called Seller last night and he told me if there was to be a problem with anything, that we'll settle it then. The Seller seems like a really nice guy who just wants this to be done and over with already so he could move on with his new life in Florida !
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| Posted 9/8/05 3:25 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Can the Seller back out of the Contract?
I would find a new attorney personally.
This is exactly why its NOT beneficial to have friends or relatives representing you.
The lawyer works for YOU... so YOU should tell him what you want and what you don't want done.
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| Posted 9/8/05 3:29 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Can the Seller back out of the Contract?
Oh... and the seller can back out of the deal whenever he wants, even if you have a signed contract.
All he has to do is give you your deposit back and refund you any fees you may have incurred during the process (like title work).
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| Posted 9/8/05 3:30 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by DjPiLL
I would find a new attorney personally.
This is exactly why its NOT beneficial to have friends or relatives representing you.
The lawyer works for YOU... so YOU should tell him what you want and what you don't want done.
Yeah, I know. My husband thinks we should get another attorney as well and just pay the damn money. At least we won't be having grief over this. I wish I could tell them what we want to do, but due to the insane prices of houses these days, the inlaws are helping us out so we don't have to leave new york. It kinda stinks, because we're in a way at their mercy. I wish we could do this all on our own. It's a horrible feeling to feel this way.
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| Posted 9/8/05 3:36 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by DjPiLL
Oh... and the seller can back out of the deal whenever he wants, even if you have a signed contract.
All he has to do is give you your deposit back and refund you any fees you may have incurred during the process (like title work).
Great, looks like we might be loosing this home
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| Posted 9/8/05 3:36 PM |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by Baboots
Posted by BrunetteMom
C of O's are a real big deal esp. in certain villages (if applicable). So he wrote you a check to cover the costsof the permits? I would have him rewrite you a check if that's the case. OR they can have him have his attorney have the bank right you a check from his proceeds of the loan at closing. That check will not bounce because it's the bank's money.
So he should rewrite us a check indicating in the memo area that this $$$ is for the co's??? My lawyer (FIL) is just worried that if we do the walk through and something is broken (i.e., the washer, etc.) than he'll just weezel his way out saying that this check is to cover it. I guess he has a point, but I don't think (or at least I hope) he wouldn't do that. Besides, I called Seller last night and he told me if there was to be a problem with anything, that we'll settle it then. The Seller seems like a really nice guy who just wants this to be done and over with already so he could move on with his new life in Florida !
Your FIL is your lawyer? yikes. I've never been a fan of having family involved in these kinds of things.
If you do decide to have him re-write you another check, I wouldn't put anything about CO's on the check though. it's a bit incriminating,you know? especially considering that the various things that the home has without C of O's are there "illegally"
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| Posted 9/8/05 3:43 PM |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by Baboots
Posted by DjPiLL
I would find a new attorney personally.
This is exactly why its NOT beneficial to have friends or relatives representing you.
The lawyer works for YOU... so YOU should tell him what you want and what you don't want done.
Yeah, I know. My husband thinks we should get another attorney as well and just pay the damn money. At least we won't be having grief over this. I wish I could tell them what we want to do, but due to the insane prices of houses these days, the inlaws are helping us out so we don't have to leave new york. It kinda stinks, because we're in a way at their mercy. I wish we could do this all on our own. It's a horrible feeling to feel this way.
A real estate attorney doesnt' cost that much, you do know that right? or do you mean that they are helping you with the actual purchase of the house?
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| Posted 9/8/05 3:44 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Can the Seller back out of the Contract?
Posted by Baboots
Posted by DjPiLL
Oh... and the seller can back out of the deal whenever he wants, even if you have a signed contract.
All he has to do is give you your deposit back and refund you any fees you may have incurred during the process (like title work).
Great, looks like we might be loosing this home
Well i wouldn't get too worked up yet. Putting a house back on the market isn't the best option either.
But I would tell your lawyer to ease up with the demands.
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| Posted 9/8/05 3:45 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Can the Seller back out of the Contract?
Where is this house located? Curious. FM me if you dont want to say here.
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| Posted 9/8/05 3:45 PM |
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dengal
Dad of Twins
Member since 5/05 1385 total posts
Name:
The 80's Man
Let's Go Mets!
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Re: Can the Seller back out of the Contract?
Posted by DjPiLL
I would find a new attorney personally.
This is exactly why its NOT beneficial to have friends or relatives representing you.
The lawyer works for YOU... so YOU should tell him what you want and what you don't want done.
I agree - your lawyer works for YOU. When we were selling our condo, my laywer didn't like some of the antics of the buyers lawyer - little BS stuff. He was thinking the deal would fall through. I told him to do what it takes to close the deal - I didn't want to go through the process again.
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| Posted 9/8/05 4:11 PM |
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Baboots
I miss you grandma
Member since 8/05 1437 total posts
Name:
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Re: Can the Seller back out of the Contract?
Posted by BrunetteMom
Posted by Baboots
Posted by DjPiLL
I would find a new attorney personally.
This is exactly why its NOT beneficial to have friends or relatives representing you.
The lawyer works for YOU... so YOU should tell him what you want and what you don't want done.
Yeah, I know. My husband thinks we should get another attorney as well and just pay the damn money. At least we won't be having grief over this. I wish I could tell them what we want to do, but due to the insane prices of houses these days, the inlaws are helping us out so we don't have to leave new york. It kinda stinks, because we're in a way at their mercy. I wish we could do this all on our own. It's a horrible feeling to feel this way.
A real estate attorney doesnt' cost that much, you do know that right? or do you mean that they are helping you with the actual purchase of the house?
No, I didn't know that. And yes, they are actually helping with the purchase of this home as well.
ETA: We have no choice if we want to stay here in NY. It really stinks
Message edited 9/8/2005 4:28:36 PM.
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| Posted 9/8/05 4:23 PM |
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