When the seller doesn't perform... (appraiser, agent, commission, escrow)

[onetoughkitty]

We close tomorrow and the seller still has not made repairs as per written contract, moved out all his items and the place is a mess. We take possession as soon as we sign the papers. We are not moving the closing date (it has already been pushed back a week). What have you previous buyers done in situations like this?

[Diana Holbrook]

Your only leverage is to hold up closing until it's done and right.

Or you can take it as is.

We've had buyers do both. It really depends on the circumstance and your desires.

If you let them close, with deficiencies or junk that will cost you money to get rid of... your only remedy will likely be small claims court.

[kab0906]

I would never close with outstanding items. It gets done or the contract is off.

[MikeJaquish]

What remedies does your contract provide you if the seller breaches the contract?

[MrRational]

Originally Posted by onetoughkitty

We close tomorrow and the seller still has not made repairs as per written contract,
moved out all his items and the place is a mess.

How long has it been since the seller agreed to those terms?
How many times have YOU been over there since to verify?
How many times has your AGENT been over there since to verify?

What have you previous buyers done in situations like this?

Where are you living now? If not packed plan to sit tight.

Assuming your stuff is in a moving van and ready to go...
arrange to leave it in the truck and rent a motel room.

Either way... put the onus entirely on the seller and AGENT. Hardball.
Go to the beach: "we'll see ya'all next week... have the house or our money ready."

Then fire your agent.

[rational1]

Originally Posted by onetoughkitty

We close tomorrow and the seller still has not made repairs as per written contract, moved out all his items and the place is a mess. We take possession as soon as we sign the papers. We are not moving the closing date (it has already been pushed back a week). What have you previous buyers done in situations like this?

I take it you have discovered this during the walkthrough?

I would show up at the closing prepared to play hardball. The seller's agent has commission at stake and can probably be pressured to pressure the seller.

Be prepared to settle for (1) a cleanup paid for by the seller and (2) an amount in escrow to cover the repairs.

[onetoughkitty]

Originally Posted by MrRational

How long has it been since the seller agreed to those terms?
How many times have YOU been over there since to verify?
How many times has your AGENT been over there since to verify?


Where are you living now? If not packed plan to sit tight.

Assuming your stuff is in a moving van and ready to go...
arrange to leave it in the truck and rent a motel room.

Either way... put the onus entirely on the seller and AGENT. Hardball.
Go to the beach: "we'll see ya'all next week... have the house or our money ready."

Then fire your agent.

We've been over there twice. I was actually quite shocked he still had stuff there since the guy was in the process of moving when we first saw the house! We actually had postponed closing a week as well because the appraiser asked for an engineering report and the repairs they asked for were done asap.

Anyway, we have not yet packed up yet but our agent has already requested credits for the lack of performance.

[Diana Holbrook]

Credit is not a bad way to go at this point to get it done! As long as the issues weren't dealbreakers for your financing.

[OrganicSmallHome]

Originally Posted by onetoughkitty

We close tomorrow and the seller still has not made repairs as per written contract, moved out all his items and the place is a mess. We take possession as soon as we sign the papers. We are not moving the closing date (it has already been pushed back a week). What have you previous buyers done in situations like this?

I'd walk away from the contract.

[linnemj]

I hope you closing went well and you got credit for any incomplete repairs.

When we moved to Maryville, TN we closed at noon. The previous owner was still having their movers empty the house until 8 PM. We moved 7 times and this was the first time it had happened. They also took all the window treatments including the curtain rods that were part of the real estate so we had to work that out.