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My house will sell on June 27th free and clear. A retirement center wants to sign a contract today June 18th which says "You understand that if you cancel this agreement prior to the Move-In Date, you will remain responsible to pay all fees owned for the Initial Term." Cost is $1700 per month for 3 months for the contract. If my house doesn't sell, I end up in the hospital or an act of God will I be responsible for the $5100? Plus I will still have to pay my house payments if the house don't sell which is unlikely but could happen.
As with any important legal paper that I’ve had to deal with it’s always best to have it an attorney that you trust read it over and see what you’re signing and tell you if things are good or not. It’s usually less than an hour of his time and money well spent.
If they are not at full occupancy, they shouldn't have a problem with waiving that part of the contract. Talk to them, tell them your concerns, and get them to waive it IN WRITING. If they refuse to cut the requirement out of the contract, you might be able to get them to reduce the amount to maybe $500 as a cancellation fee or something along those lines.
Also, you are probably dealing with a marketing person. You might be better off calling and talking to the director. They usually have the authority to make these types of deals where the marketing person might not.
I worked at an assisted living facility where they had just such a contract. A man came in and fell breaking his hip the second day he was there and they charged the poor people the full amount.
They probably will hold you accountable for that money. Greed on their part supersedes any act of God that may happen to you. I wouldn't sign it the way it's written.
Of course they Want you to sign a contract today. Putting pressure on you where none really exists is only a sales tactic.
Simply tell them you will sign when you are certain about the disposition of your house sale and move ... and not before. Why put the added, unnecessary pressure on yourself ?
You have to first read the paperwork and figure out of the wording is a service contract or is it actually a residential lease disguised as a retirement home contract. It's not uncommon for "senior" oriented facilities to routinely violate state residential tenancy laws by making someone thing they are not under certain laws.
Never sign anything you are not comfortable with. Take the documents to an attorney for review. The money for legal advice will be well spent.
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