so frustrated with sellers.

N.Y.bride Posted: Jun 10, 2007 06:46 AM

so frustrated with sellers.

We signed contracts I think in APril for our house. Our closing date was supposed to be May 15th up to 30 days after. So the sellers were supposed to move into their new house by May 23rd or something. They made it sound as if we could move in asap. Well things came up on their side. We are now approaching the 30 days after and I havent even been given a closing date!!! I mean how much notice will I be given? What happens if they dont close by 30 days? I heard we can still close and then charge them rent as long as they are still in the house. Any ideas?

I just want a date at least! Thats all! A definate date!

Audreygirl Posted: Jun 10, 2007 08:10 AM

Re: so frustrated with sellers.

Yes - You can close and so long as there is a clause in the contract for per diem payments saying that it will survive the closing, then you can charge them daily rates for the time that they are still on the premises.

Also - If you have been going back and forth a lot with closing dates, your attorney can send the other attorney a letter stating that 'time is of the essence,' giving them about 2-3 weeks to know that the attorney is making time of the essence. This means that you will have to close on the next date selected if not you and your attorney can decide how to handle it - ie higher per diem, cancel the contract, etc.

Good Luck!

ali120206 Posted: Jun 11, 2007 03:41 PM

Re: so frustrated with sellers.

We only got our date a few days before the actual closing, we had issues with the survey, some neighbors fences were on our property and they needed to sign documents acknowledging this before we could close. Luckily they agreed and we were able to close before our rate was up.

N.Y.bride Posted: Jun 12, 2007 10:09 PM

Re: so frustrated with sellers.

what a mess. I just got called its Thursday b/c we need to work around the sellers schedule.

I cant do Thursday b/c I need to give work 48 hours notice and I cant call in sick b/c I have to go to the board meeting that night where theyre going to announce I have tenure..

Im already taking off Friday to take my son to a later doctors appointment so I said Friday morning would be best for me.

Now the sellers mad b/c she bought plane tickets already to go close on her other house. I have no idea how she knew wed close before Friday when I just found out today that we were even near a closing date. I was under the impression that we were waiting for c/os to come in or get approved and I was told it wouldnt happen until Thursday...

UGH Whatever.. WHAT A MESS. This just SUX no matter what.

MrsD06 Posted: Jun 13, 2007 04:40 PM

Re: so frustrated with sellers.

that's annoying..the sellers sound like royal PITAs

cindyandkevin Posted: Jun 14, 2007 03:01 PM

Re: so frustrated with sellers.

I remember either our RE agent or mortgage broker told us something about this. After you close the sellers have 5 days to move out, after that you can start charging them (I forget the amount). Isn't there a closing date on your contract? I'd get in touch with your lawyer and see what will happen if they go past the 30 days.

Good luck!!

N.Y.bride Posted: Jun 14, 2007 05:14 PM

Re: so frustrated with sellers.

yeah our closing date is May 15th or 30 days after. We are definately closing tomorrow, but they have 5 more days to move out??

cindyandkevin Posted: Jun 14, 2007 06:14 PM

Re: so frustrated with sellers.

Posted by N.Y.bride

yeah our closing date is May 15th or 30 days after. We are definately closing tomorrow, but they have 5 more days to move out??

Congrats on closing tomorrow!!!!!

Our sellers were out by the time we closed, but if yours aren't out by tomorrow then I believe they have 5 days and then they have to start paying fees to stay there bc the house is yours. I wouldn't worry, most people are out by the time they close, but if they're not out by tomorrow then ask your lawyer (they should be at the closing).