Our contract says our closing date is on or about April 1, which means 30 days before or after April 1, right? Wrong. Now the seller's attorney says that their contract says April 15!!!! How can they be different? And he also says that the homeowner just had surgery, so she needs more time to pack. We've been in contract since December!! She should have been packing!! We were in the house last weekend, and barely anything has been packed. And the woman who had surgery is not the homeowner! Her brother is the homeowner! Tell him to start packing!!
The worst part is that legally, we can do nothing. The sellers dictate everything. They wanted to close in May from the beginning, and they agreed to Apr. 1 to make us happy, knowing full well that they would pull this stunt. Doesn't matter that we will lose our rate and have nowhere to live!!!
I want to punch them all in the face!
LuvMyMichael
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Re: Contracts mean nothing!
OH NOOOOOOOO!!!!! I am so sorry that this is going on. How frustrating for you.
StepherG
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Re: Contracts mean nothing!
This happened to us too! We had our lawer sweet talk them into closing, but we had to let them stay in the house for 4 days without paying us a cent. We had no choice because we would have lost our rate..you're right though, the seller's dictate it all!
corinne7477
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Re: Contracts mean nothing!
we were in contract in jan of last year we told on or about april 1 we didnt close until june 1. we had to move into my folks house for 2 long months and put our stuff in storage. you are at the mercy of the seller.
NPbride
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Re: Contracts mean nothing!
We are going through the same thing! I feel your pain. It is sooooo frustrating. Our contract says on or about 4/15 and the seller's atty informed our's that they want to close 5/27! We've been in contract since the beginning of Feb! Sellers dictate e/t! It's as if as a buyer you have no rights!
skew
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Re: Contracts mean nothing!
Posted by kel2004
Our contract says our closing date is on or about April 1, which means 30 days before or after April 1, right? Wrong. Now the seller's attorney says that their contract says April 15!!!! How can they be different? And he also says that the homeowner just had surgery, so she needs more time to pack. We've been in contract since December!! She should have been packing!! We were in the house last weekend, and barely anything has been packed. And the woman who had surgery is not the homeowner! Her brother is the homeowner! Tell him to start packing!!
The worst part is that legally, we can do nothing. The sellers dictate everything. They wanted to close in May from the beginning, and they agreed to Apr. 1 to make us happy, knowing full well that they would pull this stunt. Doesn't matter that we will lose our rate and have nowhere to live!!!
I want to punch them all in the face!
first and foremost, i am SO sorry.
1 - the seller's contract date CANNOT be different than yours. normal practice is that you sign (buyer), they sign (seller) and then the executed contract is sent back to your attorney so that you can go ahead a secure the mortage.
2 - the 30 day rule is a common practice but is not a law. dates can and do change HOWEVER they should be mutually agreeable.
3 - i would call your mortage company and ask what the cost is to extend the lock. then call your attorney and tell him to contact the seller's attorney notifying him that the seller's MUST pay that amount to you in addition to the $$$ it will cost you to extend the lease.
IMO, this is breach of contract. not sure the attorneys will in fact agree but it seems cut and dry to me. THEY failed to fill their legal obligation to you.
Charly
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Re: Contracts mean nothing!
I had the same problem. Ours said on or before April 1....the seller decided that they didn't want to rent until school was done so they dragged it on and on and on. They just kept scheduling and postponing the closing.
We fought tooth and nail b/c we were practically homeless since our lease was up. Thank goodness they weren't able to rent out our apartment right away. There was nothing we could do.
I wish you luck!
nov2004bride
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Re: Contracts mean nothing!
What a**holes I can't believe this is happening. Can't she go live with the brother or another relative? Since December she couldn't pack
I am so sorry
laughinlala
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Re: Contracts mean nothing!
Im sorry this is happening to you!! I know what that feels like as I was in contract for nearly 7 months!!! and I was only supposed to be in contact for 2. 5 months. Try to get the homeowner to pay the extension rate if there is one and have your lawyer push for a closing date!! Best of luck!
bluegrl24ny
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Re: Contracts mean nothing!
I am sorry to hear this - My sister and her husband are currently in contract right now and a similiar thing happened with thier seller too. The seller is a single mom with 2 kids and she claimed that she didn't want to start looking for a new place to live until she knew she had serious buyers for her house.... okay, so my sis and her DH put thier down payment down, etc.... estimated closing date was late May. Well, that got moved bc the seller wanted more time to look for a new house...after that it moved AGAIN, this time to July 1 (on or about) They also lost their lower mortgage rate bc the seller pushed the closing back twice. It's so unfair being at the seller's mercy like that, and the worst part of it all - they KNOW you don't have much of a choice but to go along with it! I hope it all works out for you!
