[dollyrabi]

We are in the process of purchasing our first home in S Windsor and the closing date was fixed at March 25.

4 weeks before closing we proposed a new closing date of March 22nd and sellers side did not get back to us for 2 weeks and would not confirm the date either. Upon involving our lawyer we found out that the property has a construction lien on it.

We have to move out of our current apartment on March 31st and we have used our lease rider of 500$ for that.

We need to back out of this deal if the construction lien is not resolved . If so can we go to small claims and claim the money we spent on apartment rider , home inspection, appraisal fees etc?

If on the other hand, we do go forward and close on the property once the settlement between the seller and construction company, what are future risks that we might be sued by the construction company, if any?

How can the construction lien be taken completely off the public records of this property we are in the process of buying

[JayCT]

Your attorney should be advising you on this. I would think that youwould not want to close unless the lien is removed from the title. That should be your most important concern since it could effect you as long as you own the property.

As for you moving, I would assume that the closing would not be taking place before the end of the month so you should look for temporary alternative housing. You might want to check with your current landlord to see if you can stay longer. If not then seek other accomodations. Also note that the couple of hundred dollars this may cost to get it straightened out is nothing compared to the amount of money you are spending to buy this new home so just be sure everything is in order before the closing. Otherwise it could cost you more in the long run. Good luck, Jay

[dollyrabi]

Jay, thanks , we have a meeting with our realtor and lawyer to find out more today. will keep u posted.

definately backing out if title cannot be cleared for good.
God, i loved that house

[dollyrabi]

Resolution:
when we sent a message through our lawyer that we wanted to pull out of the deal, the bank made a deal with seller (it was a bank lien not construction). Long story short. We got the house and seller covered our losses.
Alls well that ends well- we are enjoyingour little paradise!

[JayCT]

Thanks for the update. Glad to hear it worked out. Jay

[TobinJ]

Glad it worked out...a lot of times it's just paper work with the bank that hasn't been approved or the final inspection of the sewer before the waste lien is removed.