REPOST - Can someone give me advice on stressful sellers attorney situation???

hi there - maybe you can help?

we are buying a house and our lawyers are currently negotiating some things on the contracts.
First off, the sellers lawyer is being extremely rude and she is yelling at our lawyer and is not easy to work with. Quite frankly, the lawyer is crazy.
We will agree to buy a house that has no CO's for a deck and staircases. We're willing to iron that out on our own. The contract state 'as is' everywhere and that the sellers want nothing to do with that.
Here's the tricky part:
We are putting down 10% at contract. We will be going with a lender that specifically says they are not concerned with CO's like a deck or a nonpermanent structure - so we will not have a problem there. The only thing is that my lawyer want the contract to read that if some freak thing happens where the whole deal doesn't go through b/c of the CO's - which shouldn't happen - we want our 10% back. The contract states that if we are unable to get the mortgage we will get our $ back. However, we already checked out fine and have an approval/commitment. The house needs to check out next. They could say okay, you got your mortgage..but then if we back out because of the CO issue then it may not fit exactly with what is defined in our contract. We want to make this crystal clear in writing on our contract. It doesn't seem like their lawyer is willing to negotiate at ALL.
We LOVE this house and are qualified, accepting, and are choosing a lender that should be deemed very attractive to them b/c they are not a nitpicky bank. It's just this LAWYER!!
Can anyone recommend to me any background info or ways to fix this? We aren't using this clause as a way out of it...we want this house all the way. Will this work itself out? I think it's pretty nice of us to accept a house with structures that don't have CO's...I think they should be nice enough to accept the fact that we're making every honest effort to buy it and if the property doesn't 'check out' then we get half our lives savings back.

Re: REPOST - Can someone give me advice on stressful sellers attorney situation???

I think what you are doing is right. You don't have to take the house without CO's - also, it is the seller's responsibity to get them. You should definately put that clause about the CO in because sometimes the bank won't care what you want, they want to see CO's - i would think that would be for insurance purposes.

I know when we were closing, the seller was in the middle of getting the CO's and we were going to still take the house as long as the bank didn't care about them. However, the bank said they needed them and wouldn't close without them.

Sorry so long but what you are doing is right!

Re: REPOST - Can someone give me advice on stressful sellers attorney situation???

I don't completely understand. What would happen that would make closing impossible because of the c/o issue? The only thing I can think of is, if the bank won't give you the loan because of it - in which case, you'll get your money back anyway. Just make clear with your bank that there are no c/o's up front so when you get the commitment, you know you are in the clear.

Re: REPOST - Can someone give me advice on stressful sellers attorney situation???

I think you may be a little bit confused by the seller's attorneys role in negotiations. Whether the sellers choose to negotiate anything is entirely up to them, and the attorney is conveying the seller's message to you. As a result, it is not the seller's attorney who is refusing to negotiate with you, but rather the sellers. If the sellers don't want that clause in the contract then you are left with two choices: (1) agreeing, or (2) don't sign the contract and buy another house. Speak to your attorney and get his/her advice on whether it is wise to sign it as is, and proceed accordingly.