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10-19-2005, 06:59 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 9
| |  seller not vacating
What is the name of your state? New York
I am buying a brownstone in NYC. The seller has not even begun to pack two days before closing. The contract allows her seven days to vacate after closing, which she now says she will use. Do I have the right to delay closing as a result of fear that she will not vacate? If I close will I have the right to access the house to start repairs before she gives over possession?
what are my rights? |
10-19-2005, 07:04 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,557
| | Quote: |
Originally Posted by CoopSeller Do I have the right to delay closing as a result of fear that she will not vacate? | Nope. Quote: |
If I close will I have the right to access the house to start repairs before she gives over possession?
| Based on your post, no. Your 'rights' are stated in your agreement.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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10-19-2005, 07:19 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 9
| | | The right to $250 per day beyond the seven days after closing does me no good if she does not pay. It also doesn't get me into my home. |
10-19-2005, 07:22 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by CoopSeller What is the name of your state? New York
If I close will I have the right to access the house to start repairs before she gives over possession?
**A: it depends upon the type of repairs. If the repairs are emergency in nature and affect the health, safety welfare of the occupants, then see below.
what are my rights? | **A: your rights would be as a NY landlord dealing with a m/m tenant pursuant to the L/T law. |
10-19-2005, 07:49 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 9
| | | No, my contract states that the $250 per day is liquadated damages. This does not set up a landlord tenant relationship. |
10-19-2005, 07:50 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,557
| | Quote: |
Originally Posted by CoopSeller The right to $250 per day beyond the seven days after closing does me no good if she does not pay. It also doesn't get me into my home. | Then ask that 10 days or so be put into escrow.... at closing.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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10-19-2005, 07:53 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 9
| | | But my question is: if she refuses to put more money into escrow, must I still close? |
10-19-2005, 11:51 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,557
| | Quote: |
Originally Posted by CoopSeller But my question is: if she refuses to put more money into escrow, must I still close? | Yes. The contract allows for her to remain in property after the close, so there won't be a breach by her PRIOR to closing. That means that, unless YOU want to face a possible breach lawsuit... you must abide by the contract.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
|
10-20-2005, 12:33 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Next time write the contract better ie. Seller to vacate prior to the closing date. | |
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