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seller refuses to sell

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igomango

Guest
What is the name of your state? CA

We are currently in escrow. We were scheduled to close on the 15th of June. Since this fell on a Saturday this gave us till the following Monday. We were approved for a loan and were waiting for the loan documents. There was a delay since the appraisal was delayed by a week. (the seller was going out of town and forgot to leave key with neighbors).

The seller told me that if we fail to close by 5 pm June 14th, that's it we've lost the house and he won't sell.

We received the loan documents on Tuesday the 18th of June, and signed them on the 19th. We had deposited the full downpayment amount on the 10th of june.

The seller refuses to sell us the house and is trying to back out. He says that he was trying to close on another house and because we didn't close on the 14th, he lost the other house. He now wants to sue us the the lost deposit on that other house.
There is nothing in the contract that makes theis contingency.
What does the escrow date mean, does it have any relevance. Did we really have to have the funds by the 15th?
 


HomeGuru

Senior Member
igomango said:
What is the name of your state? CA

We are currently in escrow. We were scheduled to close on the 15th of June. Since this fell on a Saturday this gave us till the following Monday. We were approved for a loan and were waiting for the loan documents. There was a delay since the appraisal was delayed by a week. (the seller was going out of town and forgot to leave key with neighbors).

The seller told me that if we fail to close by 5 pm June 14th, that's it we've lost the house and he won't sell.

We received the loan documents on Tuesday the 18th of June, and signed them on the 19th. We had deposited the full downpayment amount on the 10th of june.

The seller refuses to sell us the house and is trying to back out. He says that he was trying to close on another house and because we didn't close on the 14th, he lost the other house. He now wants to sue us the the lost deposit on that other house.
There is nothing in the contract that makes theis contingency.
What does the escrow date mean, does it have any relevance. Did we really have to have the funds by the 15th?
*A: if you used the standard Realtor contract there is a clause with respect to Seller providing access for inspections etc. I would think that your closing date should be extended if the real estate appraiser could not gain entry due to the fault of the Seller.
You need to have an attorney review your contract.
 

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