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Long story short, after 3 scheduled closings that seller was unable/not willing to attend, as well as the Time of Essence deadline passed, the seller is officially in default as of Tuesday this upcoming week. The reason for this is the seller's ex-wife is being crazy and not moving out of the house even though she was served with court order and will be held in contempt if she doesn't move out by Tue.
So my question is the following:
On Tue, when we go to the final closing date (without a walkthrough as the house was not vacated) and are unwilling to close (because house is not vacated) what are the steps? My closing attorney told us he doesn't have a stenographer. We have to hire one? or he has to bring one? We have not yet hired a litigation attorney (although we did decide to pursue the seller in court).
This has caused us incredible amount of heartache and hardship and monetary costs. For each failed closing, we took days off work and as we are doctors, we lost thousands of dollars in income. We also had many other expenses.
Can someone recommend a litigation attorney specializing in Real Estate breaches of contract, as well as tell us about their experiences in situations like this.
exactly, he's not a litigation attorney and he's not from nassau county (we are not as well) so he's especially not willing to do litigation. He advised me to hire one. I am also on my own to get a stenographer for Tue who will confirm that contract was breached. so Desperately need advice and names of great attorneys
also need help in how to deal with the seller's agent who did NOT disclose that the sellers were going through tough divorce (only disclosed the fact after the contract was signed). She also scheduled a walkthrough (3rd time) last Monday and never showed up. We stood by the house for 1 hour waiting for her. Finally reached her and she said woman didn't move out. She didn't bother to at least cancel. Does this type of behavior violate ethical RE standards?
also need help in how to deal with the seller's agent who did NOT disclose that the sellers were going through tough divorce (only disclosed the fact after the contract was signed). She also scheduled a walkthrough (3rd time) last Monday and never showed up. We stood by the house for 1 hour waiting for her. Finally reached her and she said woman didn't move out. She didn't bother to at least cancel. Does this type of behavior violate ethical RE standards?
If the seller's agent HAD disclosed that this was a divorce situation, she would have violated ethical standards. Did you have your own agent or did you work with the listing agent directly?
The fact that she stood you up for the walk through is unprofessional behavior (not to be confused with unethical behavior). You could complain to her broker/manager either by phone or in writing; the written word lasts longer...
exactly, he's not a litigation attorney and he's not from nassau county (we are not as well) so he's especially not willing to do litigation. He advised me to hire one. I am also on my own to get a stenographer for Tue who will confirm that contract was breached. so Desperately need advice and names of great attorneys
Hate to sound simplistic but is your attorney a RE attorney? Can't he tell you how to proceed?
Edited to add: Hope you are aware that if this goes to litigation, you may well be in for a very long drawn out process.
I'm sorry I should have been clearer in my response as obviously it was misunderstood. I know the RE attorney is not a litigator, but I would think as a RE attorney he/she would have experience in this type of thing so as to be able to assist you with navigating this and possibly recommending a litigator and a court reporter. In addition we also did not know that he/she was not in Nassau county, which also contributes to the problem.
The name I am familiar with as far as court reporters go is Diamond Court Reporters.
Actually, Nuts2uiam, your guess is completely wrong. Yes, we own in Nassau county (inherited property) but we don't live there for work reasons. Is that not possible?! Duh, could it be that we rent out our property? Not possible on the planet you live on?? Now that we are in contract and looking to move back, we are in this situation....but wait a minute:
I see absolutely no need to explain myself or my posts to you. You are NO ONE to me. And as of this minute, you've been added to ignore list and I won't ever see your posts. You think I'm a troll, move on to another post. The difference between me and you is I come here to post when I have questions pertaining to my situation, while you sit here all day analyzing people's posts, history of posts, and posting unnecessary BS. Get a life.
@Elke Mariotti - thank you for your response. I understand about the R/E agent and I would also greatly appreciate a Litigation Attorney referral. I will know by tomorrow if the seller will officially breach the contract as tom is the TOE day. Thanks again!
also need help in how to deal with the seller's agent who did NOT disclose that the sellers were going through tough divorce (only disclosed the fact after the contract was signed). She also scheduled a walkthrough (3rd time) last Monday and never showed up. We stood by the house for 1 hour waiting for her. Finally reached her and she said woman didn't move out. She didn't bother to at least cancel. Does this type of behavior violate ethical RE standards?
Does this mean you had a buyers agent and were not dealing with the sellers agent.
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