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.
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.