Very Strange Buying Process

[QuestionTime]

Hello Forum,
I have a strange situation on my hands, please fell free to drop me a line or two in response...

My husband and I are first time homebuyers in the state of Florida. We are in the process of buying a condo on which we put down a large deposit (earnest money in excess of $4000.) The appraisal is fine, the mortgage is in place but we are having problems with the sellers and the association.

Our initial closing date was the first week of this year, but because we didn't get the condo application docs until 10-14 days before this time, we had to push the date back. Our buyers agent pushed it back for a whole 2 months, so we signed an addendum reflecting that change. It's been almost thirty days since our initial closing date and the sellers still have not signed the addendum and on top of that we have learned the property was never legally transferred to the sellers and they are just now going through the probate process.

To compound our frustration the association would not even look at our applications because one of the sellers was not recognized and other inaccurate information in our contract made it 'null and void'. I spoke to the buyers agent that we are using, about the issues the association was having with the executed contract before it was declined, and he said he'd have the sellers agent speak to the association. Wether they have or not I don't know -- I'm thinking not, because like I said the association sent us a decline letter. We already paid the application fees, is the association going to look at our application again, say we get the issues sorted? If yes, who pays the fees?

Nobody seems to be able to provide us with a straight answer. Our agent is telling us to sit tight and has otherwise become uncomfortably silent. Since the sellers never signed the addendum, I don't know where we would be in getting our deposit back. We have no idea what to do to get the process back on track (or if we should even do that at this point) or back out and get our deposit back. Advice anyone, what should we be doing?

Thanks,
QuestionTime

[seniorjudge]

Originally Posted by QuestionTime

Hello Forum,
I have a strange situation on my hands, please fell free to drop me a line or two in response...

My husband and I are first time homebuyers in the state of Florida. We are in the process of buying a condo on which we put down a large deposit (earnest money in excess of $4000.) The appraisal is fine, the mortgage is in place but we are having problems with the sellers and the association.

Our initial closing date was the first week of this year, but because we didn't get the condo application docs until 10-14 days before this time, we had to push the date back. Our buyers agent pushed it back for a whole 2 months, so we signed an addendum reflecting that change. It's been almost thirty days since our initial closing date and the sellers still have not signed the addendum and on top of that we have learned the property was never legally transferred to the sellers and they are just now going through the probate process.

To compound our frustration the association would not even look at our applications because one of the sellers was not recognized and other inaccurate information in our contract made it 'null and void'. I spoke to the buyers agent that we are using, about the issues the association was having with the executed contract before it was declined, and he said he'd have the sellers agent speak to the association. Wether they have or not I don't know -- I'm thinking not, because like I said the association sent us a decline letter. We already paid the application fees, is the association going to look at our application again, say we get the issues sorted? If yes, who pays the fees?

Nobody seems to be able to provide us with a straight answer. Our agent is telling us to sit tight and has otherwise become uncomfortably silent. Since the sellers never signed the addendum, I don't know where we would be in getting our deposit back. We have no idea what to do to get the process back on track (or if we should even do that at this point) or back out and get our deposit back. Advice anyone, what should we be doing?

Thanks,
QuestionTime

Q: We already paid the application fees, is the association going to look at our application again, say we get the issues sorted? If yes, who pays the fees?

A: Sounds like your first contract has expired which means you have no contract. You must go by what the expired contract said about the payment of fees.

Start looking for another condo.

[rmet4nzkx]

How did you get a mortgage without a title search? Did the sellers disclose that the estate was in probate? Have you asked for your earnest money back?
Tme to look for a different condo.

[HomeGuru]

I agree with the find another condo.