Thursday, November 17, 2005

If the seller misses the closing date is he in default?

Agents Online Real Estate Idea Center: If the seller misses the closing date is he in default?: "We've made an offer on a house that was accepted but the owner missed the closing date due to the fact that he filed for bankruptcy & needs a court order to approve the sale.We were notified of the postponment the day before closing though he would have know from the seller 2 weeks ago(there's a 19 day waiting period for disposition)This isn't the only thing thats gone wrong with the deal but is of most concern because as much of a 'lug' as this guy appears to be,if he doesn't live up to other obligations or we suffer other damages we have no recourse but to try & sue someone we know won't/can't pay.Exmpl. we owe another month rent,1/8 point charge for extending loan lock etc...I think its wrong that we are obligated to live up to this agreement but they can work things out at their leisure now that they have our $3,000 in escrow & we've spent hundreds in preparation.I'd rather not deal with these people but my agent says they have another 30 days to square things away after we submit (in writing) our contention with the orig. agreement,...What say ye oh wise ones? Did 'lumpy' default or not? "
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