real estate venting thread....

[firehunter48]

So a little over a month ago, me and the mrs signed a contract on a house with a cash deal and a closing date of Aug 13 (two days ago). so here it is pretty much weds and the lawyer says that the sellers atty isnt ready. so here we are, living out of boxes and mattresses on the floor, paper plates and the whole nine. just starting to really really make a ad but upset as you can all imagine. what makes thing worse is we had friends of ours cancel vacation plans to help us move this coming sunday which we now have no idea if that will happen or not. we figured it would take 2-3 days to paint a couple of rooms and a day for my father to replace the wooden exterior doors with steel ones and then also left us with a couple of days of wiggle room to do littel stuff here and there that all adds up.

just a littel rant and some venting that i think is TOTAL b.s. that the seller can do this especially when the house is vacant and empty and has been since we looked at it

[kgun12]

NY state sucks. I lived in Florida, we went to look at a house, call the realtor 3 weeks later we are in the house! One lawyer, represented the buyer seller and bank. 3 WEEKS!

Edited August 15, 2012 by kgun12

[BizCT]

Sorry to hear man, but it happens all the time. I see your in Lancaster. I posted a house for sale in Depew you can have for under $60K!

[sits in trees]

i have moved several times in my life and have sworn never to do it again after building my last house 6 years ago. its too stressfull and makes my wife wanna kill me in my sleep.

[Deerthug]

So a little over a month ago, me and the mrs signed a contract on a house with a cash deal and a closing date of Aug 13 (two days ago). so here it is pretty much weds and the lawyer says that the sellers atty isnt ready. so here we are, living out of boxes and mattresses on the floor, paper plates and the whole nine. just starting to really really make a ad but upset as you can all imagine. what makes thing worse is we had friends of ours cancel vacation plans to help us move this coming sunday which we now have no idea if that will happen or not. we figured it would take 2-3 days to paint a couple of rooms and a day for my father to replace the wooden exterior doors with steel ones and then also left us with a couple of days of wiggle room to do littel stuff here and there that all adds up.

just a littel rant and some venting that i think is TOTAL b.s. that the seller can do this especially when the house is vacant and empty and has been since we looked at it

Do you know why the seller is not ready yet? Are there objections or liens on the title report that your title company will not give clearance to close yet? If so, I know its inconvenient but it's better to be sure you get clear title before you close on the deal than finding out later and end up in protracted litigation.

[Nomad]

I feel for you BUT I'm on the opposite side. I'm p.o.a for my Mom and selling her home,it closed today. The buyers have been going over to the house anytime they feel,its vacant as well, thing is without their agent,its trespassing. Vacant means NOTHING its not yours and not really at "closing" either but when the deed is recorded.They could keep you out to that point. They'd be a fool to let you in to paint before you owned it. what if you fall off a ladder, leave the door unlocked, and vandels destroy it, what if you who knows start it on fire,spill thinner that flashes 100 things could happen.

So today before the closing our buyers stop by, find and unlocked door to the garage ( left open by my agent by accident earlier in the day ). They GO INSIDE open try to open the garage door,it doesn't because someone flipped the switch off. they now damand $$.

It worked at final walk through, they trespass, break it or turn off the switch thinking its a light switch and want $$ .I thinking of criminal charges, and will check on that tomorrow seeing as how they stated they went inside in front of two lawyers and my agent,before they owned it,with out an agent present.

Closing dates are a crap shoot, and often moved, they wanted to close 2 weeks ago...

Their bank lawyer never cleared them, but their lawyer tried to blame our lawyer.

trouble is my lawyer is my nephew and tells me the truth ( or won;t get the good stands this year...), when I told the buyers who was really slowing things up,their lawyer flipped out.Unless you know your lawyer better then your wife I would not trust him,he's always going to blame the other one. Good luck, but things never go smooth.

[Deerthug]

Larry, technically your deed is considered complete once it has been signed, sealed and delivered. Recording the deed is not required by law in order for the transfer from the seller to the buyer to take place. Recording the deed only protects you from future claims on title. As far as the buyers showing up whenever they choose, although technically it may be tresspassing, your goal is to sell the house, isnt it? Don't you thing that filing charges would kill the deal?

I also beg to differ on lawyers blaming each other for delays. Most of the time both lawyers want the deal to happen as quickly as possible. Otherwise they dont get paid. In my 20 yrs of practice most of the delays ive seen were caused by the mortgage lender or bank attorney and not the parties themselves.

[Nomad]

Ok I'l go with ya its not my field, but I was told we could make it so they stay out to recorded . As for the sellers doing as they please,um no .My goal is to sell yes, but walking in after final walk through alone and all the sudden things don't work and nobody is there to say differnt F'em. I got money my mom has money,another few weeks on the market is nothing to me.

and yes it does seem like the bank attorney was the reason, but that was NOT the story the buyers were getting. thats why they try to keep the buyers and sellers apart,so agents and lawyers can keep them in the dark and feed them BS. I got 2 lawyers in the family and one best friend,i know the tricks they do to make themselfs look good while keeping clients in the dark .Like keeping clients one step behind in settlements so at the end it looks like they got them more money then they though they could.

The whole thing was a horrible experience. from start to finish. Their agent was damanding a key 5 days before closing,I said sure give me 1xx,xxx K i'll give you a key, she brought her sick kid who ran around the house like it was his own big toy box .

They were pissed because they had contractors set to start work on the house this week...before they own it... How do you do that before you own it ? How do you get permits before you own it ?

Trust me they better have all permits and things done to code, something i happen to know a thing or two about . You want to trespass and NOW things don't work when they did at final walk through? trust me It'll cost you far more in the end.

I know a codes guy who sits in his car and listens for the sounds of saws.... he goes through a lot of pens ! Game on!

When i got the call today that they were at closing damanding $ for something I know works, ya I got pissed, and I'll settle it my way.

Now lets hang some stands and hunt !

Edited August 15, 2012 by Larry302

[WNYBuckHunter]

Wow, sounds about like us right now, only we arent completely packed yet. The deal on our house was originally supposed to be done weeks ago, and yet here we are, still in limbo. Everything is approved by our bank and ready to go, the sellers moved out 3 weeks ago and Ive had 3 different closing dates. Problem is, the sellers havent gotten one or two of their forms in yet. Before that, they hadnt done two other required things which held things up. Meanwhile, we are at the point of no return with the place we are in now, and have to move within a month so we can clean the place before the lease is up. I had plans to do a bunch of things to the new place, like refinish floors and a few other things. Not gonna have time now. Im not happy about it to say the least, and can totally relate to what you are dealing with. Sucks.

[WNYBuckHunter]

Larry, final walk through is supposed to happen on the closing date, and once the deal closes, you cant keep the buyers out. They also have already purchased at least 1 year of homeowners insurance, which is effective on the closing date, so anything that happens to the place is covered by their insurance, you wouldnt be responsible for anything at all. Not sure where you are getting the info, but its not correct.

[Cabin Fever]

We're considering selling my house and we walked a realtor through it. When we got to the family room and she saw the mounts (3 bucks, a gobbler, and a squirrel) and antlers, she said that, "I might want to remove those from the house before any potential buyers come through, as they may not like them and be offended". WTF?? I stearnly told her if someone felt "offended" by them, that they didn't have to buy my house!!! She shut right up!! How STUPID!?!?!?

[Nomad]

The walk through was 5 days before closing I had to go as my agent went out of town and did not have anyone cover or leave key at his office (yes that was a bad move on his part )... Yes its their house now. They went in it BEFORE the closing on there own yesterday then showed up at closing yesterday afternoon ( i was at work signed the papers ahead of time) saying the opener did not work and wanted $

At the walk through their agent kept saying the closing was that day or the next, I knew for a fact the bank had not cleared them yet it and was not going to happen for a few days but their agent became very rude and said it was all set.....

I did not care for them going over on their own,entering the house,doing who knows what then showing up at closing saying now its broke give us money .I told my atty. cancell the sale and have them charged with trespassing. He gave me the 11th hour speach, its cheaper to do it this way yada yada.

I reget that I folded to the blackmail.

I'm sure I was not to clear in my posts I was very pissed still am .

NO OFFENSE to the OP. I understand his frustration as well.

Edited August 15, 2012 by Larry302

[WNYBuckHunter]

5 days before closing? Whos idea was that? The way it has been explained to me with our house is that the walk through is supposed to be the day of the closing so that there are no questions about anything breaking. Once you do the final walk through, you are agreeing to take possession of the house in the condition it is in at that time. That sounds nuts that they would do it 5 days beforehand.

[firehunter48]

so i should clarify a few things.....first off, we are NOT waiting for ANYTHING from the bank as this is a 100% cash deal. mext there are no isuranceissues becasue we were told by our lawyer that we needed to have our homeowners in effect for the day of the closing which was the 13th. after that we can get into the paperwork issues of one not having this or that or the title not being clean and what not. well they have the title in one of the lawyers possesion and it is clean as we also havea friend who works at county hall and has pulled the records for us as soon as they were orderedso there would be no delays. and according to their atty, they all the paperwork that they need. they have also completed the survey and there is no issues with that either. we got a phone call this mornign and the sellers atty has finally returned a phone call. he doesnt have a problem with us taking possseion of the home before closing as long as there is an additional deposit and the house is insured appropriately, which it is with one phone call to the agent as the paperwork is sitting on his desk. but the problem is that he is supposedly having trouble finding the seller. how hard can it be to find the deller when she is in a damn assisted living home??? its not like her kids are the ones selling it for her and live out of town. she is completely with it from what we are told and she is the who signed the damn contract to begin with so i dont understand the problem???

maybe it's just me that has trouble figuring out what the issue is???

[BizCT]

I feel your pain man. I went back n forth trying to buy me co-op in Westchester for many months. When we finally got to the closing, the seller (some rich lawyer) goes "I forget, am I the seller or buyer on this place?" and he was dead serious. Turns out the guy buys and sells so many places, he has no idea whats going on.

[WNYBuckHunter]

Im starting to believe that the lawyers just over complicate things to justify their fees.

[WNYBuckHunter]

BTW, it turns out that our deal is being held up because their lawyer is on vacation, didnt do the paperwork before he left, and apparently his paralegal is not doing what she was supposed to while he was gone. The biggest problem now is that to keep our interest rate the same a what we locked in for, theres going to be an extension fee. Yesterday morning I was told it could be weeks before the paperwork came in, so I started going up one side and down the other of everyone I could, and told them this better be fixed ASAP. Miraculously, once their lawyers office got wind of things, they said he paperwork will be done by mid next week at the latest. I still demanded that they pay our extension fee because it will be caused by no fault of ours. Just ridiculous if you ask me. Frustrating too.

[BizCT]

Everything is slow as sh*t up in western, ny. When my relatives died up there, the first attorney was "overwhelmed" and quit the estate. Everything was cut and dry, all family members had annuities in their name, it was so simple to handle. Then dealing with the bank (M&T) up there was just as bad. What should have taken 1 day, took them weeks to handle. After a few phone calls to corporate, they began to move their asses.

[bush hill]

I have been dealing with a real estate transaction for quite some time now. Back in early May I looked at a house and made an offer with a contingencey that I sell another piece of property in order to get the money. I had a buyer for that piece a week later. Here we are now and I am just finally putting the money in the bank from that deal. The abstract work took FOREVER! I am figuring I might be able to close on my new house late next week but more likely sometime the week after labor day. The seller of the house I am buying sold everything he had at an auction back in mid July figuring we would be closed by late July. He hasn't been real pleased that he has had to live in an appartment for the last month and a half.

[Deerthug]

I have been dealing with a real estate transaction for quite some time now. Back in early May I looked at a house and made an offer with a contingencey that I sell another piece of property in order to get the money. I had a buyer for that piece a week later. Here we are now and I am just finally putting the money in the bank from that deal. The abstract work took FOREVER! I am figuring I might be able to close on my new house late next week but more likely sometime the week after labor day. The seller of the house I am buying sold everything he had at an auction back in mid July figuring we would be closed by late July. He hasn't been real pleased that he has had to live in an appartment for the last month and a half.

I am surprised that the seller agreed to such contingency. It used to be more prevalent in the past but it is rare nowdays.

[WNYBuckHunter]

I just got an email from our mortgage company, still no word from the sellers lawyer. I sent out another nasty-gram to all of them saying that I would think their lawyer would be right on top of this, since he dropped the ball before he went on vacation. This is crazy to me, our offer was accepted on June 6th, and our financing was wrapped up almost a month ago. Im starting to get past the point of frustration with this....

[ELMER J. FUDD]

I just got an email from our mortgage company, still no word from the sellers lawyer. I sent out another nasty-gram to all of them saying that I would think their lawyer would be right on top of this, since he dropped the ball before he went on vacation. This is crazy to me, our offer was accepted on June 6th, and our financing was wrapped up almost a month ago. Im starting to get past the point of frustration with this....

And to think that everyone but you makes money on the deal. They should be all over it. If the market is so bad, why do they not have their sh** together? I hope it works out for you.

[WNYBuckHunter]

Exactly Elmer. Thanks bud, I hope it works out too, I dont want to end up in an apartment with my stuff in storage lol.

[WNYBuckHunter]

Just heard from my lawyer, we are getting stuck with the extension fee. Apparently the sellers are broke and cant afford $300. I am working with them to see if there is anything else I can be compensated with, maybe some yard equipment, furniture or something. Anyway, best case on the closing is middle of next week. If its not looking like that by the end of the day, we are requesting pre-possession so I can at least get something done and the house cleaned before we move.

[firehunter48]

just got the word a little while ago....we get possesion of the house on Friday with early occupancy but still cant close on it for at least ANOTHER couple of weeks.

again, maybe its just me but why cant these [eople just do the job they are being paid to do and went to school for 27.385 years to do? i just do not get it, here you have people (us) willing to write you a check for this piece of property that is vacant, and you dont wanna do your job so you can get paid?

BUT at least we get to move our crap in and do the little things before i have yet another surgery this coming week