Ready to kill the seller's lawyer-very LONG-UPDATED

First of all the seller's lawyer NEVER calls our lawyer back. The seller's have a pretty inexperienced lawyer, admitted to the bar in 2001 so our lawyer, who has been practicing for over 20 years has been guiding him through some difficult things that came up (never once causing a conflict of interest).

Anyway, finally last Wednesday morning our lawyer told him that we wanted to close 4/29. Our bank has been ready to close since mid-March but the sellers had to do a few things that we had negotiated on and weren't ready by mid-March. Back to last Wed, the seller's lawyer says he has to check with his client (fine, our lawyer says just call me back ASAP so we can set thisd up). Come Monday afternoon, our lawyer gets in touch with him (by the way he's never in his office) and he says I haven't been able to get in touch with them so I haven't informed them about 4/29 ( ). The sellers are old-they don't go anywhere! Our lawyer has very strongly told him that he is being unprofessional (not returning calls, etc). So our lawyer says to him call them now and I want closing set up by the end of the day. Of course, he never calls back! I called the real estate agent and she said that she would try to 'light a fire under him' and that she would let the sellers know whats going on. I am livid! And our lock expires 5/3! I am so ready to kill this lawyer! I feel like it's out of my control now. Any tips? Words of wisdom? Sorry so long. Thanks for letting me vent.

UPDATE: Our lawyer just called to say he got a letter from the seller's lawyer that they now don't want to close until May 25, 26, or 27. He didn't even have the guts to call our lawyer to tell him this! I spoke to the bank and they will extend our lock at no charge until May 10, so our lawyer is calling him tomorrow to see if we can close May 10 and let the sellers stay in until the end of May and just pay the taxes. I find it appalling that people are so inconsiderate. When we put the offer down they were in such a rush to go tocontrtact-they wanted the engineer and contract done within a week and they chose a closing of 4/15. What's to keep them from setting a closing for May and then turning around and saying they need more time? Oh, and did I mention the husband is dieing and she's not on the title of the house and refuses to sign a power of attorney?

Tough call. As a buyer your leverage is weak in this situation.

I would try to get the sellers to compensate you for the rate lock extension (if you can get one).

But it won't be an easy situation. Nothing worse than a crappy RE attorney.

so frustrating!!!!!!

i understand your frustration. we dealt w/ a VERY similar situation w/ our contract. my advice to have your attorney keep calling the the seller's attorney. if your attorney CANNOT get him on the phone, have him send a fax, email, certified letter etc.. if all else fails, have your attorney speak to his supervisor. being that he his new to the practice, there should be someone above him that could lead you in the right direction.

i would also have the seller's agent call the attorney and by ALL MEANS keep the seller informed.

what is the closing date on the contract? is there anything stated whereas if the closing does not occur by such and such date, the seller will owe you a set amount? we did this and the seller agreed via a signature.

good luck and keep us informed

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Posted by NPbride

Also, the date on the contract is on or about 4/15. Our lawyer said they technically have until 5/15 to close until they are in breach of contract. I have to review our contract to see exactly what it says.

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Yup.... 30 days after is norm. Nothing you can really do in this case.

They can close on 5/14 and be in the clear.

i have the EXACT same problem!!!! we were supposed to close on 4/15 but we too can wait up until 5/15... we have to out of our aprtment by 5/15.... i did want 2 weeks to paint and new rugs put in!!!!!

the only thing is that our lawyer *****!!!!

he never aacts worried about anything.. just like whatever he say 'thats real estate for ya' that DRIVES ME CRAZY!!!!

so today!!! our mortgage expires 5/6 and we need to close by then!! but the seller,,,, and eldery womna i might add... decied to gon on vacation 5/6 & 5/7!!!!! could you imgaine!!! so we may have to close and she will still on the pemises!!!! ughhhhhhh

hopefully we will find out a def date and we can actually get in for once!!!!

we signed contract in NOVEMBER I MAY ADD!!!!!

'apparently' there is no law that states each party has 30 days from date on the contract. it is just a rule of thumb and an accepted practice.

is there anyway to have the mortgage company extend the lock? you could always close and allow the seller to hold occupancy (for a fee) until they are ready to move. this may not work though if it is not stated in your contract.

knowing the 30 day rule of thumb, we made sure to lock about 28 days prior to closing. this way our 60 day lock will provide plenty of time for us to close even if the seller requires the full 30 days from contract closing date. perhaps we has the advantage because we KNEW from the onset they she wouldn't be ready to close w/in the 30 window.

MeganNbobby: I can't believe this has been going on for you since Nov! That's horrible! I'll keep my fingers crossed for you guys!