Sellers won't close

[HmLsByer]

What is the name of your state? NJ

OK, this is a long story...
My wife and I found a house in February and got our mortgage rate locked in immediately, as our sellers insisted on a fast close. We agreed upon March 31st as closing date and gave our notice to our apartment. During the week before the closing we found out, among other things that the sellers had not ahd a survey done and would not be acle to transfer clean title. They could not get one of the neighbors to sign off on a boundary agreement and had to hire a surveyor to do the job on the land. The surveyor apparently gave them a 45-day contract to complete the work. The contract expired last Saturday, and we still do not have a closing date. In the meantime, we have been homeless since April with no end in site, and have paid for four extensions on our mortgage agreement as well as storage and other expenses. Our lawyer's standard answer is that we have no legal recourse except to pull out and find another house. Is this true? Is there any way that we can expedite this process and recoup our expenses?

[seniorjudge]

Originally Posted by HmLsByer

What is the name of your state? NJ

OK, this is a long story...
My wife and I found a house in February and got our mortgage rate locked in immediately, as our sellers insisted on a fast close. We agreed upon March 31st as closing date and gave our notice to our apartment. During the week before the closing we found out, among other things that the sellers had not ahd a survey done and would not be acle to transfer clean title. They could not get one of the neighbors to sign off on a boundary agreement and had to hire a surveyor to do the job on the land. The surveyor apparently gave them a 45-day contract to complete the work. The contract expired last Saturday, and we still do not have a closing date. In the meantime, we have been homeless since April with no end in site, and have paid for four extensions on our mortgage agreement as well as storage and other expenses. Our lawyer's standard answer is that we have no legal recourse except to pull out and find another house. Is this true? Is there any way that we can expedite this process and recoup our expenses?

Q: Our lawyer's standard answer is that we have no legal recourse except to pull out and find another house. Is this true?

A: Yes.


Q: Is there any way that we can expedite this process and recoup our expenses?

A: Yes; start looking for a house today. As far as expenses, your story does not sound like there have been any damages to you at all, so I doubt that any "expenses" would be recoverable. If you disagree, then sue the sellers in small claims court.

[HmLsByer]

I wouldn't go so far as to say that there were any "damages", but our mortgage extensions and our storage fees, not to mention our needing somewhere to live for the past two months has been a direct result of their unpreparedness to close on the date on which they insisted. I don't suppose that counts for anything....?