Home not ready at settlement

What is the name of your state? VA

This is a repost. We have a contract on a house that we have found needs septic replaced, so will not be ready at closing. The sellers are going to replace it , and have offered to have us move in on the original settlement date (7/31) while it is being worked on. We do not want to deal with this( they are moving out of state) and want out. They are threatening litigation even though it will not be done by settlement and the contract states "Time is of the essence" . Our realtors lawyer friend says seller has the stronger case because they are making every effort. I thought a contract was a contract! Help!

[HomeGuru]

Seller has the better chance to win this one.
In many contracts, there is an automatic extension clause or an extension clause due to unforseen circumstances.
I suggest you have an attorney review your contract.

Thanks for your reply. How long can this go on for? Can I put an end date to this (thought I already had one!) I have kids to enroll in school, my lease is up the 31st, and have not lined up movers until I know I HAVE to take this house. I have not signed or been offered an extension at this point. D you think it would be wise to occupy this property before settlement? Also there is a relo rider on this contract, although we have only dealt with the original owner ( he says he has not sold them this house) Our agent has not been in contact with them at all. Thanks again!

[HomeGuru]

Read the last sentence of my post.

Update-

Met with the seller today, during his explaination he let slip that the house has a septic permit for 8 people! The house was sold as a 5 bedroom house and should be permitted for 10 people with "septic=#bedrooms" it is on the contract as a 5 bedroom house, the appraisal is for 5 bedrooms, and the loan is for a 5 bedroom house. When asked directly seller said "5 bedrooms, 8 people. you are OK, there are only 4 people in your family right?
We have not closed yet and I think this is a valid reason to withdraw and/or renegotiate for a 4 bedroom house. My realtor says she thinks so but we are now worried there is some other "exception" we don't know about.

ALSO seller won't be moving out till 3 weeks after original settlement date AND new septic will not be certified by county for 1 to 2 months after original settlement date. Sadly, this is a beautiful house and we still want it, but feel we have been strung along. We would be happy to pay a more realistic price for it.

Yes we are seeing a lawyer next week, just wanted to know if anybody thinks we can withdraw and possibly start again with a new offer?

[HomeGuru]

Too many details which your lawyer needs to handle.
Good luck to you.