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Location: Stuck on the East Coast, hoping to head West
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That is awful. Did they give a reason? Are the realtors taking action against them? After all, I'd think they'd deserve commission for the work they did.
I would talk to an attorney and consider letting the seller out as long they reimbursed me for all of my out of pocket inspections, including the cost of the home inspection. I'd also keep an eye on that property. If they sold to someone other than you, I'd definitely be checking into the whys of that.
We have had that happen to clients. Seller just changed their mind!…. Actually suing to force them to sell and then probably separately suing to evict them if they refuse to leave, is likely to get fairly messy... To put it lightly!
At this point the more reasonable and accommodating course of action may be for you to be made whole for all of your expenses, time and hassle so far in exchange for an amicable termination. You may not be able to get them out… But you may get them to agree to pay you for your trouble.
Hate to say it, but I'm in the cut bait and move on camp as well. My emotional response is sue the crap out of these people and make them honor the contract. But my logical response is it will probably be a slow painful process that precipitates additional problems. And no guarantees you'll actually get the house.
They definitely should be compensating you for the time and money you have sunk into the process. This is probably where I'd be utilizing the lawyer, should it become necessary. If they need help understanding that "we're sorrys" and "hope you understands" are not going to pay for appraisal, inspection, survey, etc.
So, more background. There is a small house with large acreage, but the sellers do not live there. They are also out of state as are we. The bottom line we believe is that they want to pull out due to my due diligence determining there was a variance in land amount from what was advertised and what is actually there. I questioned this and they were adamant what they said was right so we requested a survey. They agreed. The county tax assessor shows the same as what they are selling; however, it seems there is an error and the preliminary new survey is showing that. They originally said they'd provide it but now... they are postponing having the final survey done and our best guess is they will file a claim for title insurance, get money for that and then eventually come back later to sell and get market value. But this is just speculation by multiple people based on what we know.
We have several years of back and forth searching for the perfect property for retirement and this is it. Can we start from scratch? Sure, I guess... but kind of not the point. Maybe because of my having worked for general counsel in the past, or maybe because I honor my word, I am not cool with just saying sure we will walk away. Lots of time off from work, travel, lodging and such would need to occur for us to walk away but future costs aren't going to be able to be determined so it's a loss for us...in addition to everything already done.
Eviction isn't an issue since they don't live there. We will sign the docs and hope for the best. If it doesn't happen like I think may, we will proceed legally and take it from there. Thanks for hearing me out.
Can you give some more perspective on the disputed acreage? How much difference are you claiming?
If the conflict originated with a request you made, have you now dropped the request for a survey so there is no current unresolved issue? Or is that still hanging out there, with the option for one or both parties to terminate if not resolved?
We always say if you still want to buy, and they still want to sell... then it is still possible to make a deal. It sounds like it's not a change of heart, exactly, but perhaps it is a requested change of price? What is the current nature of the dispute?
Can you give some more perspective on the disputed acreage? How much difference are you claiming?
If the conflict originated with a request you made, have you now dropped the request for a survey so there is no current unresolved issue? Or is that still hanging out there, with the option for one or both parties to terminate if not resolved?
We always say if you still want to buy, and they still want to sell... then it is still possible to make a deal. It sounds like it's not a change of heart, exactly, but perhaps it is a requested change of price? What is the current nature of the dispute?
No, we told them we would keep the same price so they aren't out any money and it is for a little over a 10 acre variance...so not a small amount. Survey received is not in the written contract so we may proceed this way for closing. Also, contract was written to stipulate one parcel per tax assessor record and not a per acre price which could cause an issue, but that is not the case here. Thanks.
No, we told them we would keep the same price so they aren't out any money and it is for a little over a 10 acre variance...so not a small amount. Survey received is not in the written contract so we may proceed this way for closing. Also, contract was written to stipulate one parcel per tax assessor record and not a per acre price which could cause an issue, but that is not the case here. Thanks.
So what are you saying? That the parcel described as being bordered by 10th st on the north and 11 st on the south, and 12th ave on the east and 13th ave on the west, is not an 80 acre section but a 70 acre section?
Is the dispute one of misunderstood borders or poor calculations of the area of land?
No, it is the seller not being forthright about why they don't want to close is our guess. We don't actually know if that is the reason but surmise it is. And apparently they are not talking to their agent anymore and refusing calls. The issue is that we agreed to the lower amount of land for the same price as the original contract and they agreed. That's the rub
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