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  #1  
Old 09-13-2004, 04:59 PM
declove
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Unhappy

Time of the Essence Letter-New Urgent help


What is the name of your state? New Jersey
My husband ad I are under contract for selling our home. The first closing date according to the contract was July 31, 2004, then we were told August 17th then some other date and a Time of the essence letter went out on the 3rd of September giving the buyers till September 13, 2004 at 1 pm to close. I lost the contract on the house that I was trying to purchase because of credit issues and not closing on my current home. On September 9th my realtor called and asked me was I ready for the closing which was scheduled for 2pm that day. that evening my husband signed the documents and my attorney was going the next day and retrive the check and get the final papers. Again there was no closing when I called on Friday my attorney said that the buyers paperwork was messed up and they had to resubmit it to the bank to be done over. Here it is past the date and time on the time of the essence letter and still I have not closed.My attorney called me and told me that they need until the 16th. I told him that I did not want to extend any more time and that I want out of the contract. I lost the house that I was trying to get and I have 5 children and if I close then I won't have any where to go. Through all of this I found out my realtor lied the whole time. He sold my house to investors below market value for less than I wanted and he has a property management company and is part of the whole sale. My biggest mistake was using the attorney that I have because my realtor referred him and to find out that the realtor, my attorney, and the seller's attorney are working together on this and they have done this to other people as well. I spoke with another realtor who filed a complaint last year for another client that they tried this on. I don't know what to do at this point. My attorney is not representing me to the fullest it seems like he is representing the other people. (or shall I say property manangement company). I did send my attorney a letter stating that the buyers are in breach of contract and according to the time of the essence letter I have all legal rights to get out of the contract. He says that the ball will be in the buyers court and that they can sue me and force me to sell my home. I don't know how true this is but I really need some help.
  #2  
Old 09-13-2004, 07:19 PM
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Join Date: Jul 2004
Location: Nashville, TN
Posts: 249
The buyer's went past the closing date as per the contract 3 times. Tell them to take a hike.
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