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Respected Contributor
Posts: 2,202
Registered: ‎10-07-2013

Re: Help! Advice on house purchase closing

My thoughts?  You should have had a lawyer to represent your interests at the closing.  A realtor is NOT a lawyer.  Before you talk about accepting blame and the sellers' actions, you might want to hire a lawyer NOW and see what he/she can do to extract you from this problem.

Respected Contributor
Posts: 2,202
Registered: ‎10-07-2013

Re: Help! Advice on house purchase closing

You may be a licensed realtor, but you're not a lawyer.  Your advice to the OP to hire a lawyer is a good one.  But they ought to do it NOW because they've already "run into problems".  Point is, they should have hired a lawyer to represent their interests at the start of the process rather then now when there are problems.

Honored Contributor
Posts: 8,179
Registered: ‎03-10-2010

Re: Help! Advice on house purchase closing

I am surprised the lender would continue the loan, when your dh lost his job. 

Honored Contributor
Posts: 20,570
Registered: ‎06-13-2012

Re: Help! Advice on house purchase closing


@sweetkelly wrote:

My husband and I are moving.   We made an offer on a new home, paid the earnest money, and planned to close in August.    Then, in late July, my husband lost his job, many in his company did due to cutbacks.   

 

He has a new job offer, but the tentative closing date, has passed, due to his unemployment.  Our contract is good, however, until August 31, and we plan to close ASAP starting the 31st of august.

 

 

The sellers had made plans to travel after their house sold, putting down deposits, etc on places the would stay.  They chose to stay in their home without furniture, etc, until the house was officially closed.  When we were unable to close in mid August, they were angry.   When our realtor asked for an extension, since my hubby lost his job, they said they would not unless we paid ALL of their travel deposits, and other expenses they have had since the closing was delayed.   Mind you, the contract is not over yet.

 

We are crushed that people would behave this way.   They CHOSE to make all of their plans and deposits before the house actually sold.   They also refused to leave the house before closing was done.  We are closing from our home state and they could have certainly went on their trip as planned, but will only close before leaving town.  My hubby and I do not feel responsible for their refusal to go on vacation and we also don't accept blame for them making non refundable deposits before the sale was completed.    your thoughts?   


Well, it IS a contract that you agreed to and it is also not their fault your husband lost his job (sorry about that, btw!). The contract states there are certain conditions to be met and you agreed to those conditions. It isn't about how people "behave"- it is a business arrangement, not a friendly handshake amongst friends or relatives.I would be upset if I was the seller as well, as you have no idea the financial burden they may be under paying for possibly two home, etc. 

 

And I don't think they have "spent money they don't even have yet" like some other person posted- that is a BIG assumption- they are simply saying hey you agreed to a closing date, didn't abide by it, we made plans to travel after closing and since you are the reason for the delay now, you can pay all the costs for the things that now affect our plans. They didn't say they couldn't afford to pay for them, they just don't feel they should have to pay for all that since it was you who delayed the closing. I'd feel the same way and probably ask for the same, or at least some compensation. Again this is business.

 

Regarding your statement, ".. we also don't accept blame for them making non refundable deposits before the sale was completed.    your thoughts?   you made non-refundable deposits for the home and agreed to cose the home by a certain date so, technically, they could take that money and run since, according to you, the closing date has passed.But they didn't and apparently are agreeing to give you until the 31st but you may well lose your deposit too if you don't abide by your end of the deal. So if this is true (your post is a little confusing), then I think they are being kind in giving you a bit more time before saying forget it and keeping your deposit and the house.

 

Your post is a little confusing because I don't understand the fact that the closing date has passed but "contract is good until August 31" so did they agree to an extension or??

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: Help! Advice on house purchase closing

happy daze - i took it mean the buyers (the OP)  is unable to close by the 31st when this contract expires and so they have to negiotiate a new contract if they still intend to buy this house. If I were the sellers, considering what has happened thus far, I would put a penalty into the new contract in case they can't close again, as lenders may be antsy with a borrower having a brand new job. 

Respected Contributor
Posts: 4,916
Registered: ‎09-04-2010

Re: Help! Advice on house purchase closing

a mortgage co can look at the new job as stable as long as it is in the same line of work as the previous job.

used to work at Re/Max as a bookkeeper

 

 

 

 

 

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: Help! Advice on house purchase closing


@Allegheny wrote:

I think they are provoked because things didn't go as they planned and are taking it out on you and your husband.  I am not sure what they are asking of you is legal unless there were contingencies written into the contract.

 

My SIL and her husband recently sold their home and purchased another.  The purchasers changed the closing date twice.  My SIL & BIL were more concerned that the sale was going to fall through and they would have to relist the house.


 

 

You are taking this that those who are at fault in this situation are the sellers. I do not see it that way. Those who are at fault in this contract are the buyers who are financially unable to close on the house. This default is costing the sellers considerable amount of money, so why wouldn't they want to recoup it from those who defaulted on them? 

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: Help! Advice on house purchase closing

A question for those who are realtors ... when a home buyer enters into a contract and puts down earnest money , if they default and lose that earnest money, who gets it? 

And , in this case, where the buyers still want the house but were unable to close within the time the contract was in place - would that mean the earnest money is forfeited?

Honored Contributor
Posts: 20,570
Registered: ‎06-13-2012

Re: Help! Advice on house purchase closing


@151949 wrote:

happy daze - i took it mean the buyers (the OP)  is unable to close by the 31st when this contract expires and so they have to negiotiate a new contract if they still intend to buy this house. If I were the sellers, considering what has happened thus far, I would put a penalty into the new contract in case they can't close again, as lenders may be antsy with a borrower having a brand new job. 


yes that is how I took it to mean as well. My confusion lies in that the OP said that the closing date is past but the contract ends on the 31st. I've bought several houses and the closing date is basically the extent of the contract unless both parties agree to an extension.

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: Help! Advice on house purchase closing

BTW - the seller is not who gets forfeited earnest money. The person who told us about our buyers backing out of past contracts was one of their victims and she said they didn't get one cent of the earnest money that was forfeited.