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Old 05-11-2013, 12:32 PM
 
4,350 posts, read 4,734,712 times
Reputation: 7454

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Quote:
Originally Posted by Wordy View Post
If the people responsible for dropping the ball knew you use the umlaut, they would probably be a little more worried about the large and small details. A person who uses the umlaut is a force to be reckoned with and that's an immutable law.

Hope it all works out for you.
Thank you. Well, I ~do~ work for a law firm, so....

And yes, I've sent the contract to one of our real estate partners.

Here are the pertinent sections.

4. A. Closing Date. This transaction shall be closed ("Closed") (evidenced by delivery of warranty deed and payment of Purchase Price, the "Closing"), and this Agreement shall expire, at 11:59 p.m. local time on the 29th day of May, 2013 ("Closing Date"), or on such earlier date as may be agreed to by the parties in writing. Such expiration does not extinguish a party's right to pursue remedies in the event of default. Any extension of this date must be agreed to by the parties in writing via the Closing Date/Possession Date Amendment or equivalent written agreement.

14. Other Provisions.
D. Time of Essence. Time is of the essence in the Agreement.

19. Special Stipulations. The following Special Stipulations, if conflicting with any previous paragraph, shall control:
Condition of Premises: Seller warrants that all built in kitchen appliances, electrical system and fixtures, air conditioning units , heating and air conditioning equipment, plumbing and plumbing fixtures (including water heaters, sewers and septic systems, fireplace and chimneys and security systems, shall be in proper function order and in a good state or repair and that the roof will be free of leaks as of the date of closing or date of possession whichever is later. Buyer shall have the right and responsibility to inspect the items described in the paragraph prior to closing. Any required repairs resulting from problems occurring after the inspection shall be made at seller's expense prior to closing. Closing of sale constitutes acceptance of these items by buyers.

There there is an Addendum which includes:

-Third level to be completed with drywall, trim, carpet, closet with door and ventilated shelf and ceiling fan.
-All bathrooms to have toilets installed, above sink mirrors per sink faucet in bathrooms and all plumbing fixtures.
-Home to be completed with lighting fixtures to include but not limited to ceiling fan in master.
-Home to include 50 gallon water heater.
-Tub to be installed in master bath.
-Home to include double oven, above the range microwave, dishwasher.
-Seller to convey property with notice of completion/certificate of occupancy with final inspections. completed.
-Home inspection to be completed within 10 days of receiving certificate of occupancy.
-Gas cooktop installed in island.

Then the normal financing, inspection and appraisal contingencies.

My realtor emailed the other realtor Thursday late afternoon/evening and has heard nothing as of this morning, so she is going over her head and calling the broker. Think I'll drive by today and see if they are working.
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Old 05-11-2013, 11:10 PM
 
5,046 posts, read 9,646,593 times
Reputation: 4182
Someone should have been checking on the house weekly just to see how things are going.

Did you say the builder actually closed on the other three units? If not, and particularly if he's a small builder, he may be waiting on something to close so he can get money to work on yours.

The builder is still around, right?
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Old 05-12-2013, 05:40 AM
 
4,350 posts, read 4,734,712 times
Reputation: 7454
Quote:
Originally Posted by cully View Post
Someone should have been checking on the house weekly just to see how things are going.

Did you say the builder actually closed on the other three units? If not, and particularly if he's a small builder, he may be waiting on something to close so he can get money to work on yours.

The builder is still around, right?
The plot thickens.

They are not new units. They were built in 2008 and never finished inside or lived in. The original investor couldn't sell them when the market dropped and they sat empty and were vandalized inside (copper and fixtures stolen). Market turns around original investor sells them to current owner who is not totally redoing the interiors. So all 4 are under contract, but none have closed. Mine is the last one under contract and the last one to be finished.

The other agent called mine yesterday FINALLY and she thinks they will be finished in the next week. The delay will be in getting the City out to inspect everything. I guess that no work was done for nearly a month because subcontractors weren't paid and they were close to putting a lien on them but all the subcontractor were paid this week. The other agent is not timely when corresponding, but when she finally does, she says a lot. As my agent said, "I'm not sure I would have divulged all of that."

So we will be following up again at the end of this coming week.
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