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Summergrl14
LIF Adolescent
Member since 4/16 625 total posts
Name:
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Do we have any remedy???
Let me just preface this post by saying the sellers of the home we are purchasing have been absolute a$$holes from the very beginning and this home buying process has been an absolute nightmare from the start.
The sellers refused to accept our offer unless we agreed to a June closing date because they are moving out of state and school in that state supposedly starts in July. This wasn't our preference (as we hadn't sold our apt yet), but we very much wanted this house and agreed to an on or about June 15 closing date.
We have done everything to make sure this closing happens within the on or about date. We sold our apartment (supposed to close next week), we are clear to close, we have an au pair arriving July 22, etc.
When our attorney called the sellers attorney earlier this week to get a closing date the week of July 11, the sellers attorney said that they can't close until July 20 because they are now going on vacation the week of July 11. This is clearly knowing that they are scheduled to close that week and past the 30 days on the contract!
We are flipping out and feel that if they had to delay the closing for legitimate purposes (such as their new home hadn't closed) that's one thing, but to schedule a vacation and then refuse to give power of attorney to their lawyer to be able to close without them being present seems like they are just acting in bad faith.
We don't want to walk away yet and obviously attempting to bring legal action is going to take longer than our prospective closing date, but is there anything we can do???
Sorry this is so long and more of a just rant! 
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Posted 6/30/16 10:43 AM  |
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KvsGrl
Round 2!!
Member since 1/07 1202 total posts
Name:
Samantha
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Re: Do we have any remedy???
Talk to your attorney. They can extend for the 30 days without any cause but your contract may require additional escrow or other rights if they extend beyond. Sorry! We went thru a similar issue with our house and it is awful!!
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| Posted 6/30/16 11:02 AM |
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Summergrl14
LIF Adolescent
Member since 4/16 625 total posts
Name:
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Re: Do we have any remedy???
Posted by KvsGrl
Talk to your attorney. They can extend for the 30 days without any cause but your contract may require additional escrow or other rights if they extend beyond. Sorry! We went thru a similar issue with our house and it is awful!!
Thanks! We have been talking to our attorney and he sent a pretty strong worded email yesterday and is going to be sending a "time is of the essence" letter today. Our contract has a post close clause that requires them to pay us rent if they stay past the closing date, but nothing necessarily regarding pushing the closing past the 30 days.
We have been trying now to push them to close the 8th before they leave for vacation, but of course they are saying they can't be out by then. 
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| Posted 6/30/16 11:06 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Do we have any remedy???
The on or about date of June 15 gives either party til July 15. An then if you send the time is of the essence (which your atty should not be sending yet as the on or about date has not passed)it give the other party 30 days. While I get you think they are being assholes, they are not in violation of the contract. If you walk away you will not get your deposit back unless you have amazing language in the contract. I know it sucks but this is home buying.
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| Posted 6/30/16 2:09 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: Do we have any remedy???
Posted by alli3131
The on or about date of June 15 gives either party til July 15. An then if you send the time is of the essence (which your atty should not be sending yet as the on or about date has not passed)it give the other party 30 days. While I get you think they are being assholes, they are not in violation of the contract. If you walk away you will not get your deposit back unless you have amazing language in the contract. I know it sucks but this is home buying.
I think their on or about date was June 15, so it has passed.
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| Posted 6/30/16 3:20 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Do we have any remedy???
Posted by NYCGirl80
Posted by alli3131
The on or about date of June 15 gives either party til July 15. An then if you send the time is of the essence (which your atty should not be sending yet as the on or about date has not passed)it give the other party 30 days. While I get you think they are being assholes, they are not in violation of the contract. If you walk away you will not get your deposit back unless you have amazing language in the contract. I know it sucks but this is home buying.
I think their on or about date was June 15, so it has passed.
But you have 30 days from the on or about date to close and then you send the time is of the essence letter and that give them 30 days so the seller has til August 15.
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| Posted 6/30/16 4:25 PM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Do we have any remedy???
Posted by alli3131
Posted by NYCGirl80
Posted by alli3131
The on or about date of June 15 gives either party til July 15. An then if you send the time is of the essence (which your atty should not be sending yet as the on or about date has not passed)it give the other party 30 days. While I get you think they are being assholes, they are not in violation of the contract. If you walk away you will not get your deposit back unless you have amazing language in the contract. I know it sucks but this is home buying.
I think their on or about date was June 15, so it has passed.
But you have 30 days from the on or about date to close and then you send the time is of the essence letter and that give them 30 days so the seller has til August 15.
This exactly. While it's annoying, they're technically within their legal rights still until August 15th.
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| Posted 7/1/16 11:01 AM |
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