Forced into closing

What is the name of your state? Suffolk County, NY

Last Tuesday my kids were doing a "walk thru" just prior to going to closing. Water was coming out the front door of the house. It's a ranch. Pipes burst, all rooms flooded. No closing took place. Seller offered an oral $5000 buy out which was accepted via son's lawyer. Now seller (via broker) says pipes have been repaired and the deal is still on.

My kids don't want this house. There is no money for long legal battles. Do my kids have any recourse?

Please someone, help!
Thanks,
Ann

[HomeGuru]

Originally posted by Ann Thomas
What is the name of your state? Suffolk County, NY

Last Tuesday my kids were doing a "walk thru" just prior to going to closing. Water was coming out the front door of the house. It's a ranch. Pipes burst, all rooms flooded. No closing took place. Seller offered an oral $5000 buy out which was accepted via son's lawyer. Now seller (via broker) says pipes have been repaired and the deal is still on.

My kids don't want this house. There is no money for long legal battles. Do my kids have any recourse?

Please someone, help!
Thanks,
Ann

**A: where is your son's lawyer and why is he/she not advising him?

Originally posted by HomeGuru
**A: where is your son's lawyer and why is he/she not advising him?

There was a family emergency. He's in Florida! Hopefully he'll return tomorrow. But the realtor is badgering. Oh ... and my son's lawyer was recommended by the realtor.

Ann

[HomeGuru]

Originally posted by Ann Thomas
There was a family emergency. He's in Florida! Hopefully he'll return tomorrow. But the realtor is badgering. Oh ... and my son's lawyer was recommended by the realtor.

Ann

**A: then he should tell the Realtor to hold until the lawyer returns.

Originally posted by HomeGuru
**A: then he should tell the Realtor to hold until the lawyer returns.

Boy! You're fast!

Thanks, HG. Will update as the saga unfolds (if that's okay) to perhaps help others.

Ann

[HomeGuru]

Originally posted by Ann Thomas
Boy! You're fast!

**A: Hmmmm, funny, my wife says the exact same thing.
********

Thanks, HG. Will update as the saga unfolds (if that's okay) to perhaps help others.

Ann

**A: yes, please do Ann and I invite you to post often.

[nextwife]

Betcha the sellers had the heat turned off to save money (is the house vacant?). Penney wise and pound foolish.

Subfloors and such could be damaged. They should NOT close (should they decide they want the house) until a thorough examination has taken place by a qualified contractor/engineer. Odds are systems are damaged too.

[HomeGuru]

Yes, a licensed plumbing contractor and a home inspector should be hired to check things out.

Originally posted by nextwife
Betcha the sellers had the heat turned off to save money (is the house vacant?). Penney wise and pound foolish.

Subfloors and such could be damaged. They should NOT close (should they decide they want the house) until a thorough examination has taken place by a qualified contractor/engineer. Odds are systems are damaged too.

Yes, house was vacant. And we're pretty certain they ran out of oil ... damaged pipes, damaged oil burner (I'd bet my white Irish ... you know).

No subflooring - concrete slab - which now could be more than compromised. Possibility of mold, mildew. Oldest child has asthma. Kids don't want this house! They've put a binder on another. Lawyer is still in Florida and won't be back until at least Thurs.

I told my son that when he speaks with his lawyer he should tell him that he wants to be made whole (I watch TV ). He's very intimidated and feels they can still railroad him into taking damaged goods. Meanwhile, his wife has Lupus and their youngest son has insulin dependent diabetes. Tensions are running high.

Thank you so much for your response. Will keep you posted.

Ann

Originally posted by HomeGuru
Yes, a licensed plumbing contractor and a home inspector should be hired to check things out.

A licensed engineer was hired *prior* to them going to contract. Nothing is as it was when they went to contract. Truthfully, they don't want the house now. Who can guarantee that the heating system wasn't fouled up by this? Who can guarantee that the foundation (it's just a slab) hasn't been permanently damaged ... that mold and mildew won't appear at a later date?

The pipes burst. Why can't my kids just walk away from this?

Sorry. Just venting.



Thanks HG.
Hugs,
Ann

[HomeGuru]

Originally posted by Ann Thomas
A licensed engineer was hired *prior* to them going to contract. Nothing is as it was when they went to contract. Truthfully, they don't want the house now. Who can guarantee that the heating system wasn't fouled up by this? Who can guarantee that the foundation (it's just a slab) hasn't been permanently damaged ... that mold and mildew won't appear at a later date?

The pipes burst. Why can't my kids just walk away from this?

Sorry. Just venting.



Thanks HG.
Hugs,
Ann

**A: I am not sure if they can just walk away. It would really be dependant on the terms and conditions in the contract and what was agreed to following the plumbing incident. That is why they need their attorney.

Originally posted by HomeGuru
**A: I am not sure if they can just walk away. It would really be depedant on the terms and conditions in the contract and what was agreed to following the plumbing incident. That is why they need their attorney.

The contract listed a number of things that the seller was supposed to do prior to closing ... ie, cap the chimney, blah blah. None of it was done when they did the walk thru (or should I say "wade thru"). The walk thru was scheduled, by the seller, for 9am; closing was to be at 11:30am. Then of course there was the flood when they arrived for the walk thru.

Also, contract stipulated that closing was to be on or about 30 days after signing. Signing was Oct. 15. Closing was to have been Jan. 13. I see breech here. Post flood, seller's lawyer offered son's lawyer a $5000 buy out. Son accepted. All verbal.

Lawyer is still in Fla. His paralegal is telling my son that *now* the seller is willing to release the money being held in escrow, but will not pay any damages incurred by my son (about $1,500 in legal fees, title search, engineering report, etc.).

I know, I know ... wait for the lawyer! It's just hard to see my kids living out of boxes and trying to deal with their asthmatic 7 yr. old and insulin dependent 3 yr. old. As the "Mom" and "Nana", I just wanna make it all better.

Thanks again for listening.
Hugs,
Ann

[nextwife]

Au contraire! The costs incurred by the seller were NOT "caused" by your son. They were caused by the seller's failure to maintain the property in the same condition in which he sold it. Had he done that, your son was more than willing to close.

The "costs" of such things as an engineers report, title search etc are a direct cost that the seller would be incurring because of the circumstances. First, the title update would be needed no matter WHO bought and may be applied to a different owner's policy. No policy was issued, so the policy portion of the title costs should be cancellable (in our market, we just do a buyer name search and update the search for the interveneing month or two if the first deal dies, and the cost to plug in a different buyer is no more than $75). The engineering report is a cost that the condition of the property generated, not your son. Have your son sit tight and advise them his attorney will be getting back to them. This is NOT the "same" house they put the offer on.

Originally posted by nextwife
Au contraire! The costs incurred by the seller were NOT "caused" by your son. They were caused by the seller's failure to maintain the property in the same condition in which he sold it. Had he done that, your son was more than willing to close.

The "costs" of such things as an engineers report, title search etc are a direct cost that the seller would be incurring because of the circumstances. First, the title update would be needed no matter WHO bought and may be applied to a different owner's policy. No policy was issued, so the policy portion of the title costs should be cancellable (in our market, we just do a buyer name search and update the search for the interveneing month or two if the first deal dies, and the cost to plug in a different buyer is no more than $75). The engineering report is a cost that the condition of the property generated, not your son. Have your son sit tight and advise them his attorney will be getting back to them. This is NOT the "same" house they put the offer on.

This is exactly what I'm thinking, but I don't know diddly. It's nice to have confirmation on my gut feelings. My gut says that what's happening is not RIGHT, but that doesn't mean that the sellers can't legally get away with it.

My hubby is gonna talk with my son later on and advise him to a) wait for his lawyer to return, and b) make them a counter offer of say $3500 (plus the return of the escrow). To our way of thinking, this will give "wiggle room" for negotiating and my son stands a chance of walking away "whole". We feel that morally and ethically, he should be made whole. Whether or not he can be, legally, without tying things up in a lengthy, expensive legal action remains to be seen. Kids can't afford it, we can't help, neither can the in-laws.

I thank you so much for your advice and I'm very grateful for this forum.
Hugs,
Ann
PS Re.: your signature .... As a birthmother, I completely agree with you. I pray my b'son was lucky enough to have parents like you. God bless.