Get out of my house!

TheLadyJ Posted: Dec 05, 2008 09:41 AM

Get out of my house!

I am in the process of scheduling a closing for a co-op. The closing was supposed to be next week. Now the seller is saying they cannot be out until after the holidays.

When we signed the contract we put a closing date of Dec 8th. They signed and agreed to it.

Now they say that is no good for them. We cannot get a straight answer out of them as to why - one minute they say the house they are moving into is not ready, the next they say their baby is sick, etc.

I was planning on taking some time off work between christmas and new years to move. Get out of and clean the old place...move in and set up the new one. It would have been timed perfectly. Otherwise I have to work in between the holidays (YUCK) and then take time off in January. Plus I have to pay another month's rent.

I am so frustrated right now because I have no leg to stand on. I can file some paperwork to force them to close within 30 days of the original closing date. But that still takes us into January.

I'm just so annoyed at this while process right now. I feel like the seller has done nothing but lie since the beginning.

stinenandy2010 Posted: Dec 05, 2008 09:42 AM

Re: Get out of my house!

If the seller goes past the closing date, don't they lose money?? Not 100% sure of this, but maybe check into it.

rocketsummer17 Posted: Dec 05, 2008 09:45 AM

Re: Get out of my house!

Posted by stinenandy2010

If the seller goes past the closing date, don't they lose money?? Not 100% sure of this, but maybe check into it.

this is what i thought...and if they keep pushing the date back there has to be some kind of clause in the paperwork that you can go back to...

mosh424 Posted: Dec 05, 2008 09:47 AM

Re: Get out of my house!

Posted by rocketsummer17

Posted by stinenandy2010

If the seller goes past the closing date, don't they lose money?? Not 100% sure of this, but maybe check into it.

this is what i thought...and if they keep pushing the date back there has to be some kind of clause in the paperwork that you can go back to...

I thought this as well.....You should check with your lawyer!

TheLadyJ Posted: Dec 05, 2008 09:48 AM

Re: Get out of my house!

Posted by rocketsummer17

Posted by stinenandy2010

If the seller goes past the closing date, don't they lose money?? Not 100% sure of this, but maybe check into it.

this is what i thought...and if they keep pushing the date back there has to be some kind of clause in the paperwork that you can go back to...

technically the seller has within 30 days of the originally agreed upon closing date. That is what my lawyer informed me.

It ***** because if I had decided to back out, I could have lost my deposit and the whole deal. Plus, I really like the place and don't want to have to do this all over again.

So I have no choice but to keep my fingers crossed they leave soon. I can file what's called a 'Time of the Essence' on Dec 8th which gives them 30 days to close or they need to pay me.

alli3131 Posted: Dec 05, 2008 09:55 AM

Re: Get out of my house!

Im crashing....The date is the contract is an on or about date. That date is never set in stone. To force them into a date the about part has to pass ( 30 days usually) and then your atty send them a letter forcing a date if they then default on the 2nd date then you have legal action. Best is to just wait til after the holidays cause thats what will happen anyway with forcing a new closing date. Hope that helps

TheLadyJ Posted: Dec 05, 2008 10:05 AM

Re: Get out of my house!

Thanks Alli. I hate the fact that I no legal course of action here. I wish there was something I could do, and the control freak in me in very upset that there is nothing I can do to make this happen.

My mom says 'things always happen for a reason', but at this point I don't care what the reason is. I want to be in my new home.

alli3131 Posted: Dec 05, 2008 10:10 AM

Re: Get out of my house!

My parents went through this and I know its very frustrating but just be ready to send the time is of the essence letter cause that is what holds them to a date.

TheLadyJ Posted: Dec 08, 2008 05:04 PM

Re: Get out of my house!

Talked to my lawyer today. Apparently the sellers do not have enough money on their own to buy this new house. They need to close with me, wait for the deal to fund, then use the money from the sale as a down payment on a new house.

So, they cannot do this in December. They want to close January 6th or 7th, live there for 5 days, then turn over the keys to me sometime that weekend. Then I do a walkthrough with them and my real estate agent the day they leave.

They will pay me per day they live there, and keep several thousand in escrow in case I notice damage to the home from moving.

I have never heard of this but my lawyer says it is quite common. The worst part is there is nothing I can do. These things happen all the time he says.

So, that's the story. I am not moving this year. I just get to spend the holidays surrounded by boxes (we didn't unpack any christmas stuff) so we can move the middle of january.

snowa5 Posted: Dec 08, 2008 05:07 PM

Re: Get out of my house!

That is very common and I am sorry to hear it happened to you. If I were you I would look at everything and have professionals look (if you have any friends that are plumbers...etc)

TheLadyJ Posted: Dec 08, 2008 06:36 PM

Re: Get out of my house!

i tend to do a thorough walkthrough with my dad - who is the closest thing to a handyman I know. he fixed everything in the house we grew up in.

Well, the important thing is the place is mine and I can move in a few weeks. I'm annoyed about the delay but in the long run a few weeks doesn't make that much of a difference.