Are the sellers in breach of contract?

[Angelamh]

We live in Iowa.

My husband and I are in the process of purchasing a home, and we are experiencing some challenges with the sellers.

We filled out a purchase agreement. Both parties (buyers and sellers) signed the agreement on 5/17/05.

The agreement specifies "closing and possession will take place on or about August 31st, see Provision # 19." Provision #19 states, "Possession and closing will take place sooner if Buyer sells Condo, but not prior to July 1, 2005.

We, the buyers, sold our condo and alerted the sellers on July 5 that we would like to move in July 30th. The person who purchased our condo is moving in August 1st.

The sellers are refusing to leave before August 31. Their real-estate agent is indignant, and is suggesting that we have no right to move in prior to August 31.

We are baffled. The seller's real-estate agent told us, prior to the sale, that the sellers were "flexible" about a move-out date--because they are moving in with relatives. They are building a home and are several months away from final construction. This is why we included Provision #19--to clarify that we may be moving in prior to August 31.

We are going in circles with the seller agent. He's now willing to move our move-in date up--but he wants $200 for the sellers--to help them pay for storage space for their belongings, since "they have to move out early to accommodate you."

We thought this contract gave us the flexibility to move in before August 31? Were we wrong?

Are the sellers in breach of contract? If so, how do we proceed?

[HomeGuru]

Originally Posted by Angelamh

We live in Iowa.

My husband and I are in the process of purchasing a home, and we are experiencing some challenges with the sellers.

We filled out a purchase agreement. Both parties (buyers and sellers) signed the agreement on 5/17/05.

The agreement specifies "closing and possession will take place on or about August 31st, see Provision # 19." Provision #19 states, "Possession and closing will take place sooner if Buyer sells Condo, but not prior to July 1, 2005.

We, the buyers, sold our condo and alerted the sellers on July 5 that we would like to move in July 30th. The person who purchased our condo is moving in August 1st.

The sellers are refusing to leave before August 31. Their real-estate agent is indignant, and is suggesting that we have no right to move in prior to August 31.

We are baffled. The seller's real-estate agent told us, prior to the sale, that the sellers were "flexible" about a move-out date--because they are moving in with relatives. They are building a home and are several months away from final construction. This is why we included Provision #19--to clarify that we may be moving in prior to August 31.

We are going in circles with the seller agent. He's now willing to move our move-in date up--but he wants $200 for the sellers--to help them pay for storage space for their belongings, since "they have to move out early to accommodate you."

We thought this contract gave us the flexibility to move in before August 31? Were we wrong?

Are the sellers in breach of contract? If so, how do we proceed?

**A: so tell us, where is your Realtor?

[Angelamh]

Thanks for reading my post.

To answer your question about our realtor:

She’s shepherding this deal through. She’s trying to deal with this difficult seller agent.

It seems that she’s not winning, doesn't it?

It feels like the seller agent is calling all of the shots.

I’m unclear whether or not he’s in breach of contract—which is why I’m asking for more clarity on the issue. Can you tell me if he is?

My sense is that our real-estate agent needs to tell the seller agent that they are violating the terms of the contract and that they need to uphold the terms.

Our realtor is a kind person—but from what I’ve witnessed not a very assertive person. I feel that my husband and I are being walked all over. That’s why I am trying to determine if we are being used as human doormats or if there is some ambiguity here.

I’m ready to hire an attorney and tell the seller agent the following, “The contract states that we can move in anytime after July 1st. We’re moving in July 27th, as previously requested. If your parties (the sellers) do not honor the contract, you will be sued for breach of contract and intentional infliction of distress. You will also be charged attorneys fees and you will pay for our temporary housing—due to the fact that the we must vacate our home by August 1.”

That’s what I want to say---but I need to know that we’re being railroaded as much as I think we are—because our realtor is trying to compromise and not rock the boat. She believes the sellers don't want to move now, and that they are attempting to frustrate us into backing out of the deal.

Thanks again for reading my post.

[freespeech]

Run the contract by your Atty and see if you have a leg to stand on so to speak.

Considerations, how much do you want this house? If greatly, and it is legal, then pay the 200 and let it go. The Atty will cost you more than that. Otherwise go for it and see what happens. Your choice pure and simple.

[JETX]

Okay, here is your problem.

You tried to get 'fancy' to allow your taking possession earlier, but screwed yourself in the process. Your OFFICIAL (contractual) closing date is "on or about August 31". Your 'clause 19' means nothing. It only ALLOWS you to close earlier.... with the IMPLICATION that the seller agrees. In this case, the seller doesn't. Your clause is not clear as to what is actually REQUIRED, nor does it give any additional 'options'.

Bottom line....
You can ask the sellers to terminate the contract and if they agree, go find another property, or you can bide your time.... and close "on or about August 31". The seller has NO legal obligation to comply with your wishes due to your early sale.

[Charles11]

Pay the $200, your legal costs and the hassle of moving your belongings twice, paying for a place for August etc will cost many times more.

Ask your "kind" agent if they will participate in the cost.

Have the seller sign the new closing/possession date when they get the $$....