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  #1  
Old 10-17-2001, 01:51 PM
LandCompany
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Intentional Delay of Closing on Home


Texas - Currently involved in a situation where we believe the mortgage broker for the buyer (the buyer is an investor) of our house are intentionally delaying the closing of our home. We almost feel like the investor and the mortgage broker are working together to delay our closing, especially since we are not using a realtor to sell our home. We are continually being told conflicting stories from the broker that they need more paperwork, always something. The latest we are being told that our buyer has reached their limit with a particular underwriter and will have to forward it to another underwriter. Then the broker says three days later that they did not submit to the new underwriter because they thought we backed out. Original closing was set over a month ago. Our current contract does not have any delay provisions (i.e. damages, penalties). What justice do we have?
  #2  
Old 10-17-2001, 02:01 PM
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You say that your contract doesn't include any 'delay provisions'. What, if anything, does the contract provide that allows the BUYER to delay beyond the contractual closing date??? If there are also no provisions here, the buyer MAY be in breach of the contract. If so, then you could sue for damages and/or specific performance.

However, without the opportunity to review the ENTIRE contract, it is not possible to determine what remedies might be available to you. I would suggest you talke with a good attorney experienced in Real Estate law. He will be in the best position to review your documents and advise you on what, if anything, you can do.
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  #3  
Old 10-17-2001, 03:03 PM
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In addition, there should have been contingencies on financing, and if not met would allow you to terminate the contract.
Such contingencies would include but not be limited to verification of down payment and cash to close, pre-approval letter from the direct lender, committment letter from the lender etc.
  #4  
Old 10-20-2001, 04:55 AM
curtisd
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need enlightened


so are you saying the buyer(investor)and broker are trying to find their own buyer for the house and thats why the delay?
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