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Old 06-07-2014, 08:30 PM
 
59 posts, read 115,939 times
Reputation: 57

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Have a contract on the home, seller is saying he can't find a moving company for the dates needed as they are all booked. Technically I will be buying from the RELO company. Can they force me to delay settlement all because they can't find a mover? I actually called around and found 2 worldwide moving companies (Wheaton and Atlas) who have the dates available.

Don't want to **** off the seller but we have a signed agreement of sale with a specific closing date. I've already booked a moving company, requested vacation from work for the move, etc.
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Old 06-07-2014, 09:53 PM
 
Location: SoCal
14,530 posts, read 20,118,288 times
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A day or two, an annoyance. More than that, speak to your Realtor and your title/escrow company. As much as seller, he doesn't have much negotiating power after you've filed all your papers, BINSR and appraisal and HUD-1 in place. The only legally supportable remedy is that you voluntarily offer to rent the house to seller after COE and offer an outrageous sum per day. Motivate them to GTFO. Myself, I'd play hardball. I'd tell the seller that they can store their stuff after COE or they can pick it up in your driveway when it's convenient for them.
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Old 06-08-2014, 05:30 AM
 
59 posts, read 115,939 times
Reputation: 57
The other issue is the buyer of my current home does not want to move settlement back. So I am feeling like I am stuck in the middle. Need to be out of my home for settlement yet the home I am going to wants to delay settlement. My realtor has already mentioned that the buyers of my home will not delay settlement.
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Old 06-08-2014, 05:52 AM
 
8,573 posts, read 12,403,094 times
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Quote:
Originally Posted by Guitarguy73 View Post
My realtor has already mentioned that the buyers of my home will not delay settlement.
Then it sounds like you should do the same.
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Old 06-08-2014, 06:38 AM
 
5,114 posts, read 6,088,942 times
Reputation: 7184
Maybe the seller should plan on moving out earlier than the last day
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Old 06-08-2014, 07:27 AM
 
Location: Port Charlotte
3,930 posts, read 6,442,779 times
Reputation: 3457
It depends on how much time is involved. The contract should have a date of closing and a window, usually 7 days, written in. Your agent should be getting a solid date of closing from the seller. The seller can get a mover to pick up the furniture and move it into storage (Pods if nothing else). Same in your case. You can move your stuff into temporary storage.

Good luck.
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Old 06-08-2014, 07:40 AM
 
4,566 posts, read 10,654,191 times
Reputation: 6730
Quote:
Originally Posted by Lovehound View Post
The only legally supportable remedy is that you voluntarily offer to rent the house to seller after COE and offer an outrageous sum per day. Motivate them to GTFO.
Yep.
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Old 06-08-2014, 08:25 AM
 
1,696 posts, read 1,714,382 times
Reputation: 1450
If you have to use a PODS or other 'store til later' option...see if you can get the other party to pay for it.
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Old 06-08-2014, 10:34 AM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,055 posts, read 18,108,582 times
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Silly question but have you asked your attorney how to approach this?
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Old 06-08-2014, 11:00 AM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
From personal experience... anything is possible.

Three days before closing the seller's wife refused to sign... they decided to split up after the property was listed.

The short version is the home never did sell and they divorced.

I spent over a $1,000 in legal fees plus I was out my inspections.

In the end, I choose not to file a lawsuit for specific performance because even if I won... I would have lost...
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