Buying A Home
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Seller is being difficult and causing issues

We are a week away from our closing date. This date has already been moved once due to the seller not paying attention to what was going on. But we recently found out that he has not done very much in terms of repairs. His lawyer has not sent our lawyer a single thing. He still has to replace the septic. When the agents asked him what's up he basically said "oh yeah I will get it done in time, don't worry." He does not even have the permits yet to do the septic! Everyone I know is telling me to start making demands from our lawyer and agent, and try to get them to be more aggressive to make sure the seller is getting stuff done. Then, others are saying that closing dates always get over around multiple times. We are sick of waiting and do not really have a choice since we need to be out of our apartment before Nov 1. Should we be putting pressure on people to get this done? What should we say? Is it normal for closings to get pushed back a lot?

Re: Seller is being difficult and causing issues

  • We had a difficult seller when we bought the house we're in.  Not sure what state you're in, but here in Va where I'm at, all the seller has to do is prove they're making a sincere effort to close.

    We missed our initial closing date once and almost missed it a second time due to a lien they knew about, but didn't report when listing the house.

    I think I'd be pushing your closing attourney and agent to push the sellers or cancel the contract and start looking again.

    Daisypath Anniversary tickers
  • Our agent just texted me saying that the seller claims to have done a few necessary items but will more than likely not be ready with the septic by closing. She told us it's possible, but not probable, and that we should be prepared to wait some more. We need to be out of our apartment before Nov 1 and she keeps saying that it should be okay. I'm just so mad that the seller has had since July when we started the process to do these things and now he can't get them done on time. I have already scheduled time off the week of closing, and so have some family members. Up until today, the agents kept saying it was still looking good. I'm just so mad.
  • Add a clause that if not completed by x date they will pay for your temporary housing and the storage of household items as you NEED to be out by NOV 1.

    Is the seller doing the work himself or is he having a professional do it?

    I always negotiate for reduction of the home price rather than allowing the seller to do the work as then I can control who will do the work and I can control the choice of processional and the quality of the work done etc.

    Hopefully it will be done to meet your time table.
  • To our knowledge he has "professionals" doing it. We met them at our second inspection (which was part of the reason the first closing date was moved), and they were two 70 year old men with an old u-haul that had the worlds "emergency pizza" written on it. Yep. Awesome. But he needs to have the septic replaced, and initially we were going to move in and then it would be replaced but he got mad about the amount of money that would be going into escrow until he replaced it. So his answer was to do it prior to closing. Now that's not happening because he procrastinated. I don't understand why we cannot just move in and have him do it like we initially planned.
  • I don't understand why we cannot just move in and have him do it like we initially planned.

    Technically, you could as a rent back. You'd be paying them rent to live there until closing.
    Daisypath Anniversary tickers
  • Do you have an interest rate that expires on or around your closing date?  If so, make sure that consideration is taken into account when you talk to your lawyer.  If you are going to lose that rate (provided rates went up since you locked in), you can probably get an extension.....just make sure the seller pays for it.
  • I would ask if you could just get a credit to have the septic done yourself. Septic work is so, so important and from what you've said I would be worried this guy would cut corners.
  • jtmh2012 said:
    I don't understand why we cannot just move in and have him do it like we initially planned.

    Technically, you could as a rent back. You'd be paying them rent to live there until closing.

    We spoke with our lawyer yesterday and found out that the mortgage has not even been underwritten because there are so many steps missing due to the seller slacking. Our only options are either to give up, or to ask for early occupancy. The lawyer said we would be able to ask to not pay "rent" because this is entirely the sellers fault. We decided to go the early occupancy route and hopefully we will hear back soon.
  • Good luck. Just verify with the lawyer that you're protected should things go south.
    Daisypath Anniversary tickers
  • jtmh2012 said:
    I don't understand why we cannot just move in and have him do it like we initially planned.

    Technically, you could as a rent back. You'd be paying them rent to live there until closing.

    We spoke with our lawyer yesterday and found out that the mortgage has not even been underwritten because there are so many steps missing due to the seller slacking. Our only options are either to give up, or to ask for early occupancy. The lawyer said we would be able to ask to not pay "rent" because this is entirely the sellers fault. We decided to go the early occupancy route and hopefully we will hear back soon.
    Why is underwriting not done?  We had ours done well before closing and it was not impacted by the seller needing to fix things or open permits.  We also had our closing date pushed out because of repairs too.  What are the exact reasons they are giving you?

    Instead of the seller replacing the septic, can you get a credit and replace it yourself?  Or, can the attorney hold money in escrow while you close and the replacement is being done by the seller?
  • This is a USDA loan, so that may be the reason for some of the rules. According to our mortgage people, the underwriting cannot be done until the seller meets all of the demands of the appraiser. The appraiser listed a few conditions that needed to be met before they would give the OK for the loan to proceed. The seller has not yet done any of those things. The sellers lawyer has not ordered the search and survey yet, nor has he sent any of the title work to be done. So the legal side has not been touched either. Our landlord has become a huge jerk and now we really badly need to get out of our apartment, but the lawyers said today that there is still no response from the seller. So, it's looking like homelessness is a real possibility.
  • I'm so, so sorry. I would be tempted to walk if at all possible. Are there any friends or family nearby that you could "rent" a basement from? Could your lawyer or agent step it up to put more pressure on the seller's? He sounds like a nightmare.
  • Well, we finally got the title work from the sellers lawyer. It showed that the seller is behind on the taxes on the property. Don't you think you would have taken care of that prior to listing the house? DH doesn't want to give up and our realtor agrees. I spoke with our landlord and he said he will simply tell the other tenant what happened and let us stay where we are. I just do not know what to do about our lawyer. Everytime he picks up the phone, I get charged. I cannot imagine what our lawyer fees will be after this, and all because someone didn't pay their damn taxes.
  • JaydenUSRJaydenUSR member
    10 Comments Name Dropper
    edited October 2014
    These types of sellers are the people that I hate most and Lawyers who sometimes takes advantage to the situation. Why don't you just get rid of that seller if he/she's the problem? There are other good sellers there whom you can offer your deal. 

    I asked some of the real estate agents to share their top 10 types of bad home sellers. I urged them to share their worst horror stories, you know, the sellers from the burning depths of hell. It's not that I couldn't come up with my own list of bad home sellers, mind you, because I've been in the business for longer than I can count using all of my fingers and toes, but it's more interesting to share stories from other agents as well.

    Your seller unfortunately falls to this category: The Mistrustful Home Seller. Her character type might lend itself to sneaky behavior. For example, she may refuse to completely fill out seller disclosures for fear a buyer will cancel after she reveals a defect, even though full disclosure is required by law.

    In the lawyer's case, that's the usual thing that happens. They usually charged clients for every consultations he made. Unless, you know him very well for him to consider your fees. If that situation continue to cost you a lot of penny, it would be better to find a new seller.
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