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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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closing nightmare - please help?!
this seller is going to be the end of me  
at contract (in MARCH) we set a tentative closing date of June 15. In reality, this gave us 30 days from June 15th to close on the house and she would have 5 days MAX to move out after closing which puts us at 7/20 the latest.
NOW, she says she will not move out until 7/29 but will close on the 15th.
What is my recourse? I DO NOT accept this, I want the keys in my hand on 7/20. She has been behind the wheel this entire time, driving this entire deal and im done with it! Why do WE have no say in this deal?
Can we walk with our deposit if she will not negotiate a date?
 i am just so done with this woman and this entire process.
Message edited 7/7/2011 11:00:39 AM.
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Posted 7/7/11 10:59 AM  |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: closing nightmare - please help?!
she will have to pay you rent from 7/16-29...so that will be the bright side to this. and it will be at least $250/day (look at your contract) that would be at least $3K for you guys (maybe a lot more, depending on your contract)
Make sure you leave a decent amount of money in escrow at closing. I would say at least $10K, in case anything happens between closing and her actually moving out.
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| Posted 7/7/11 11:04 AM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: closing nightmare - please help?!
She essentially pays you rent since it's your house. Keep money in escrow to cover this. It's normal.
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| Posted 7/7/11 11:14 AM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: closing nightmare - please help?!
Double post
Message edited 7/7/2011 11:15:36 AM.
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| Posted 7/7/11 11:14 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: closing nightmare - please help?!
so i dont have recourse, there is no way to ensure that she is out by 7/20?
why have a contract if she is going to break it
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| Posted 7/7/11 11:20 AM |
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8ternity
<3
Member since 11/08 10586 total posts
Name:
Formally NYPD-Wife
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Re: closing nightmare - please help?!
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| Posted 7/7/11 11:23 AM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: closing nightmare - please help?!
Posted by maymama
why have a contract if she is going to break it
I guess technically contracts have this renting loophole. What does your lawyer say?
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| Posted 7/7/11 11:24 AM |
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MockingJay
Ring out the old...
Member since 9/08 1312 total posts
Name:
Ring in the new!
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Re: closing nightmare - please help?!
Oh man Karin that's ridiculous! This woman is being so damnn difficult!!!
What did your lawyer say? I don't think she's legally allowed to stay in the home for more than 5 days post closing and if she delays the closing any further, she's in breech of contract and then technically you guys could walk.
I don't understand! She wanted to sell the house right? What's her deal??? LEAVE!!!
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| Posted 7/7/11 11:29 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: closing nightmare - please help?!
please dont quote...
he said
"I understand your frustration, but here are our options. We could send a time of the essence letter in the event that we do not close by the 15th (Next Friday) , which will put them in default of the contract. We would have to set a closing date and give them a reasonable amount of time to close, which is about a week. So that puts the closing date at about July 21, 2011 or so. Also, per the contract she is allowed to remain in the house for up to 5 days after the closing, which puts us at July 26, 2011. If they do not show up at the closing the deal would be canceled and you would get back your down payment.
Apparently there is a CO issue on her purchase that is preventing her from moving out. They are trying to have her move out sooner, but there is no guarantee."
I am waiting to hear back about the per day rent amount.
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| Posted 7/7/11 11:30 AM |
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bride07
Ava Rose you are an angel!!!
Member since 3/09 6115 total posts
Name:
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Re: closing nightmare - please help?!
Oh no, I am sorry!
This woman sounds terrible.
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| Posted 7/7/11 11:30 AM |
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Ian&EmmesMommy23
My family is complete!
Member since 11/08 12970 total posts
Name:
Diana
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Re: closing nightmare - please help?!
your lawyer should be fighting for what YOU want. but if the contract states that she can stay past closing then there really isn't much you can do.
if you have no real rush to move into the house, besides the fact that you want to move into your new house (which is completely understandable), i wouldnt rush it. let her pay you rent.
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| Posted 7/7/11 11:31 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: closing nightmare - please help?!
the other issue is that we have a wedding in ithaca the first weekend in august. i wanted to be IN the house before we go out of town for the wedding otherwise we wont be in until MID AUGUST! 
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| Posted 7/7/11 11:33 AM |
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MockingJay
Ring out the old...
Member since 9/08 1312 total posts
Name:
Ring in the new!
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Re: closing nightmare - please help?!
use the $$ she's paying you in rent to hire movers!
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| Posted 7/7/11 11:37 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: closing nightmare - please help?!
Close on the 15th. That means you own the house.
She gets 5 days to live there (my sellers did this). Anything past that 5 days, she is renting from you. That is why there is money in escrow. It is set in your contract how much money per day she'll owe you.
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| Posted 7/7/11 11:57 AM |
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JDubs
different, not less
Member since 7/09 13160 total posts
Name:
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Re: closing nightmare - please help?!
sorry your sellers are being difficult. i know the feeling, just make sure you have money set aside in escrow in case something happens while they are "Renting" your house.
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| Posted 7/7/11 11:58 AM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: closing nightmare - please help?!
ok so i spoke with my lawyer. she will pay $70 per day for the five days after closing and then an additional $100 (so $170) per day for the remaining 9 days.
the other question - we just bought new appliances which have rebates valued at $1500. We MUST take delivery by 7/29 to get the rebates. Now what? If she isnt out on the 29th to have them delivered, we are out that money? Can we have them delivered while she is still there and then hold money in escrow incase she damages them?
omg, such a mightmare.
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| Posted 7/7/11 12:04 PM |
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MockingJay
Ring out the old...
Member since 9/08 1312 total posts
Name:
Ring in the new!
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Re: closing nightmare - please help?!
This is seriously nuts! Can she move out on the 28th? This is a major inconvenience for you guys. I would honestly hold whatever the cost of replacing the appliances in escrow and make sure you're there when they're delivered considering it will be YOUR house. I'm really sorry this is happening
At least look at the bright side, you end up with an extra $1900 in your pocket at the end of all this in rent from the seller.
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| Posted 7/7/11 12:29 PM |
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skinny
3 boys and a princess!
Member since 11/08 8178 total posts
Name:
Momma
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Re: closing nightmare - please help?!
Can u call the appliance store and explain the situation? Maybe they'll work with you?
We dealt w/ similar issues w/ our sellers. They couldn't get a CO for their new house either. I LOVED the house so we closed (on 7/29 ironically, 2 years ago) and they paid us rent until they got the CO.
One thing...insist that she sign some type of short rental agreement, specifically stating that she is responsible for lawn maintenance, utilities, etc. Get a security deposit from her and do a walk-through the day before she moves out.
I remember how furious I was when we were going through this, but it was worth the wait and I almost forgot about how stressful it was!
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| Posted 7/7/11 12:31 PM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: closing nightmare - please help?!
Posted by maymama
ok so i spoke with my lawyer. she will pay $70 per day for the five days after closing and then an additional $100 (so $170) per day for the remaining 9 days.
the other question - we just bought new appliances which have rebates valued at $1500. We MUST take delivery by 7/29 to get the rebates. Now what? If she isnt out on the 29th to have them delivered, we are out that money? Can we have them delivered while she is still there and then hold money in escrow incase she damages them?
omg, such a mightmare.
YES OR just call up the place you purchased and tell them the scenario.. with my first house, I closed on the 15th and the seller stayed until the 30th and she paid me rent for that time (it was more than $70/day though) our attorney also drew up a stipulation for funds to be held in escrow pending a final walkthrough and to make sure all was in tact when I did get possession of the house.
GL. I know it's a pain but you're almost there!
Another thing to think about is, being that you haven't closed, why did you buy appliances? if her CO issues don't go through, will she walk away from that house and stay put? What will you do with the appliances you purchased then?
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| Posted 7/7/11 12:43 PM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: closing nightmare - please help?!
Posted by bicosi
YES OR just call up the place you purchased and tell them the scenario.. with my first house, I closed on the 15th and the seller stayed until the 30th and she paid me rent for that time (it was more than $70/day though) our attorney also drew up a stipulation for funds to be held in escrow pending a final walkthrough and to make sure all was in tact when I did get possession of the house.
GL. I know it's a pain but you're almost there!
Another thing to think about is, being that you haven't closed, why did you buy appliances? if her CO issues don't go through, will she walk away from that house and stay put? What will you do with the appliances you purchased then?
we can walk away from the appliances but we dont want to since we got such a great deal. they are not yet in warehouse, havent been shipped so we can cancel without loosing a deposit
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| Posted 7/7/11 12:47 PM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: closing nightmare - please help?!
Posted by maymama
Posted by bicosi
YES OR just call up the place you purchased and tell them the scenario.. with my first house, I closed on the 15th and the seller stayed until the 30th and she paid me rent for that time (it was more than $70/day though) our attorney also drew up a stipulation for funds to be held in escrow pending a final walkthrough and to make sure all was in tact when I did get possession of the house.
GL. I know it's a pain but you're almost there!
Another thing to think about is, being that you haven't closed, why did you buy appliances? if her CO issues don't go through, will she walk away from that house and stay put? What will you do with the appliances you purchased then?
we can walk away from the appliances but we dont want to since we got such a great deal. they are not yet in warehouse, havent been shipped so we can cancel without loosing a deposit
that's goooood!!! 
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| Posted 7/7/11 12:53 PM |
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Re: closing nightmare - please help?!
I'm sorry you are going through this. No advice, but .I know how frustrating it is - we went through something similar.
Rest assured that once the house is finally yours, it will all be a past memory!
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| Posted 7/7/11 1:08 PM |
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siren
LIF Infant
Member since 8/07 219 total posts
Name:
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Re: closing nightmare - please help?!
sorry you are gong through this. We went through something similar on our first house and when we drew up the contract on our second - I made it super expensive for the owners to stay. It actually made a difference b/c I think they would have stayed longer if it was cheaper.
Not helpful now, but if you ever go through this again, made sure the per day charge is HIGH!
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| Posted 7/7/11 2:34 PM |
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KimberlyScott
Graceyn=My World <3
Member since 10/08 4173 total posts
Name:
Kimberly
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Re: closing nightmare - please help?!
I don't have more advice to give. The PP's offered some good advice. Just wanted to say I'm sorry that you are going thru this. It really has been a nightmare!
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| Posted 7/7/11 3:19 PM |
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caps612
In love with my little guys!!
Member since 8/10 5108 total posts
Name:
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Re: closing nightmare - please help?!
oh man!
1 - When i get home I am tempted to walk around the corner and give her a yelling to and smacking. This is insane. i saw her out there the other day and wanted to yell at her for everything she had put you through. this is nuts.
2 - Close as soon as you can... that gives you more leverage in kicking her out.
3 - Don't change the delivery of the appliances... but maybe have the lawyer do something in case they get damaged. If we can help in anyway... (i.e. store a fridge in our garage for a couple days) just let me know neighbor!
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| Posted 7/7/11 3:40 PM |
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