no specified closing date

What is the name of your state? Louisiana
In process of purchasing new home. Original buy/sell agreement 3/5/04 specified a closing date on or before 4/30/04. The counter offer was not submitted on that original paperwork but was an entirely new piece of paper which neglected to mention the closing date. The reasoning offered by the realtor was "not to mar the contract" Only difference being the purchase price and the blank closing date. Other communications (verbal) via realtors have made clear the intentions to close on 4/30/04. Sellers are in a bitter divorce. The husband is in agreement on all matters and the wife is being stubborn not wanting to leave the house. Can't underestand why...she will be getting a huge check and is financially unable to reside in the home alone. Unsure what is to happen...the closing has been scheduled for 4/30/04. We were just made aware of the possibly of this problem today! Help. Any advice? Time is of essence seeing that our lock-in period for our mortgage interest rate ends 5/7/04.

1) Can we hold the sellers to the 4/30/04 closing?
2) If one seller does not show..can we hold them in default?
3) If closing takes place and articles of seller remain in house what happens to them?
4) this can't go on as an indefinite process regardless of no closing date being specified in the counter offer, can it?

any answers/advice would be appreciated

[nextwife]

Have you spoken to an attorney?

I do NOT know LA RE law, but in some places, anything NOT specifically changed in the counter offer is considered still applicable. Was this "entirely new piece of paper" a counter offer, or a new offer completely?

The counter offer appears to be an entirely different contract. It does not reference the original and the purchase price is different. We signed this offer on 3/6/04...in our minds allowing ample time to get affairs in order (on both ends) and close 4/30/04.

1) do we have a valid argument saying it was previously known and recanted numerous times verbally to both parties?

2)The house remains partially occupied by the X-wife however she has been living in Virginia with family for the previous several weeks.

3)obviously, if the sellers want to sell their house (which we have been told they are both in agreement) this process cannot be allowed to drag on & on. Mortgage lock-in's are time sensitive, etc.

4)i have questioned the realtor as to why the closing was left blank and the reply was that this was an oversight. i have also asked why we had to do a seperate contract and they said it keep things "clean" and prevents scratch-outs and such. my reply was "if i lose this house because someone wanted to prevent extra paperwork or from an oversight i'm going to be very mad."

any suggestions? Anxious to hear more.

[HomeGuru]

And what does your Realtor have to say in answer to your questions?

My realtor is now "crawfishing" saying that it was an oversight and a mistake. Which makes me wonder if they are also at fault? I have made it clear that I am expecting them to be scrambling for me on this one.

I feel caught in the middle of this. If I had know that we were dealing with a couple in the midst of a bitter divorce I would have an attorney involved from the get-go.

The husband has been advised by his lawyer to be present 4/30/04 and we do have a scheduled closing time. What can I do if the wife just doesn't show?

Yikes! Obviously my husband and I love this house and want to move forward. We made a very fair offer and the husband is being very accomodating wantint to sell and the wife who we were told was also in agreement to the sell (she has signed the contract) is just stalling us! It's not that she will be homeless...she has been living in another state with family and we're been told will be paid by the husband through 6/15/04 as if she's living in the house. So she stands to pocket even more $ ,,,it's a pretty hefty mortgage payment they're making.
Verbose, I know. Sorry. Please reply.

Thanks

[HomeGuru]

Follow the advice of your attorney.

My husband & I do not have an attorney. Both the husband and the wife (sellers) do...their divorce attorneys.

Sounds like I need one, huh? Should I have one retained to be represented at the closing?

[Souix]

Have you read your contract? What does it say with regard to the Counter Offer? On our forms the seller has 3 choices, they can either reject the offer all together OR reject the offer an make the attached counter offer or accept without a counter offer. When they check the box that says "Reject Offer and make the attached counter offer" all terms and conditions of your original offer remain the same EXCEPT those items agreed to in the Counter Offer. So it sounds to me like your closing date was not changed from the original offer, so it would still be on or before 4/30/04.

Now as far as the wife goes, you are stressing over "what ifs", do you actually know for a fact that she is refusing to sign? or are you just anticipating it?

Originally posted by Souix
Have you read your contract? What does it say with regard to the Counter Offer? On our forms the seller has 3 choices, they can either reject the offer all together OR reject the offer an make the attached counter offer or accept without a counter offer. When they check the box that says "Reject Offer and make the attached counter offer" all terms and conditions of your original offer remain the same EXCEPT those items agreed to in the Counter Offer. So it sounds to me like your closing date was not changed from the original offer, so it would still be on or before 4/30/04.

Now as far as the wife goes, you are stressing over "what ifs", do you actually know for a fact that she is refusing to sign? or are you just anticipating it?

Thanks Souix. You're right, I'm definitely stressing. The house still has furniture of the wife's as will as some personal clothing, a refrigerator and washer & dryer. It seems hard for me to believe that she will proceed with the closing since she is currently in Virginia and what will happen to her things? I suppose they can offer for us to take possession at a later date.

As for the counter...the original offer states the sellers "irrevocably counter offer this buy/sell aggrement" does that mean we can hold them in default if the wife does not show for the 4/30/04 closing?

Desperate for assistance, thanks.

[Souix]

Originally posted by cstough
Thanks Souix. You're right, I'm definitely stressing. The house still has furniture of the wife's as will as some personal clothing, a refrigerator and washer & dryer. It seems hard for me to believe that she will proceed with the closing since she is currently in Virginia and what will happen to her things? I suppose they can offer for us to take possession at a later date.

As for the counter...the original offer states the sellers "irrevocably counter offer this buy/sell aggrement" does that mean we can hold them in default if the wife does not show for the 4/30/04 closing?

Desperate for assistance, thanks.

***What does your contract say about personal property? Did you ask for the appliances? Did you ask that the seller remove all personal property?

Default?? If they don't close by 4/30/04 and no Addendum to extend is agreed to (in writing), then they are in breach of contract. Hasn't your Realtor advised you of these things?***

[HomeGuru]

[quote]Originally posted by cstough

As for the counter...the original offer states the sellers "irrevocably counter offer this buy/sell aggrement"

**A: then if you do not accept the seller's counter offer, you have no contract.
Whomever wrote that clause in needs a lesson or two in contract writing.

Thanks for your time.

We offered...they countered, then we countered and that was accepted. My contract does mention specific performance, etc. If the ex-wife does not show for the closing can we hold them to specific performance and breech of contract? Would they then be responsible to buy down my interest lock to extend it for an additional 45 days in hopes of getting this thing resolved? Do I have grounds for a specific performance suit...the closing was specified on the original buy/sell but not on the second buy/sell...but I think LA RE law states that when no closing date is specified then it is assumed that one will take place in a reasonable amount of time which is usually 30 days. I'm no attorney but I have been trying to research this. This lady does not have an indefinite time period to close this...does she? Can legal action force her to close? Obviously, I want this house otherwise, I'd walk. I also don't want to become a pawn in this game. Any advice from here?

[HomeGuru]

Originally posted by cstough
Thanks for your time.

We offered...they countered, then we countered and that was accepted. My contract does mention specific performance, etc. If the ex-wife does not show for the closing can we hold them to specific performance and breech of contract? Would they then be responsible to buy down my interest lock to extend it for an additional 45 days in hopes of getting this thing resolved? Do I have grounds for a specific performance suit...the closing was specified on the original buy/sell but not on the second buy/sell...but I think LA RE law states that when no closing date is specified then it is assumed that one will take place in a reasonable amount of time which is usually 30 days. I'm no attorney but I have been trying to research this. This lady does not have an indefinite time period to close this...does she? Can legal action force her to close? Obviously, I want this house otherwise, I'd walk. I also don't want to become a pawn in this game. Any advice from here?

**A: you are on the right path and need to hire an attorney at this stage.

Thanks HomeGuru.

I'm wondering what I will need to do at closing to "get this party started?" Obviously, we're expecting one party to not show. We will come prepared as the buyers, ready, willing, & able with check in hand. I suppose I can have the attorney who we are closing with note for the record that the sellers are in breach and then contact an attorney skilled in these matters.

Should I be aware of anything else?

Thanks again.

[HomeGuru]

Originally Posted by cstough

Thanks HomeGuru.

I'm wondering what I will need to do at closing to "get this party started?" Obviously, we're expecting one party to not show. We will come prepared as the buyers, ready, willing, & able with check in hand. I suppose I can have the attorney who we are closing with note for the record that the sellers are in breach and then contact an attorney skilled in these matters.

Should I be aware of anything else?

Thanks again.

**A: not really.