Are we wrong???!

[longislandlost]

What is the name of your state? NY
Are we wrong? Can we get out of this:
Sun. Feb 18: Our realtor calls to tell us the house we are in contract for had water pouring out the front bay window, he was tracked down by a neighboor. He said he took pictures once he got in, and while the water had stopped, he saw dampness on the subfloor underneath.
Mon. Feb 19: Our lawyer tells us our reltor has been instructed to not talk about it, which results in our lawyer sending a notice warning his ompany not to destroy any evidence, like the pictures. We demand access to assess the damage. We are denied access for 10 days.
Tues. Feb 27: We are allowed into the house after our lawyer advises them they are in breach of contract if they don't let us in. "alleged damage" has been repaired, our engineer detects moisture under the floors still, and recommends a mold specialist comein to check for mold levels due to the damp floor sitting there for so long.
Mon. March 5: Mold specialist inspects the house, once again after fighting with the sellers about access. Tests come back with elevated airborne mold counts in the area around where the "alleged damage" was, and a separate spot that was tested upon my request turned up "stachybotrous" mold, but it was in a different part of the house, not near the "alleged damage".
Since then we have been requesting access for further testing to determine the complete infestation of mold, and to then get in with a remediator to give an estimate. So far all they have done is offer us $1000 based on the engineer's report without having seen the mold report, and still have not admitted there was ever a leak. The seller sent us a message through our broker threatening to end the deal if we didn't set a closing date by Saturday. We said we would sue him for fraud, breach of contract, and specific performance if he continued to threaten us without his lawyer.
They have $50K in escrow as a deposit, can we get out of this complete mess?

[JETX]

Originally Posted by longislandlost

can we get out of this complete mess?

And what did your attorney (who knows far more about this than we do) say when you asked him that question??

[acmb05]

[quote=longislandlost;1595832]What is the name of your state? NY
.
Since then we have been requesting access for further testing to determine the complete infestation of mold, and to then get in with a remediator to give an estimate. /QUOTE]

$5000 to $7000

[ADBunting]

What was determined to be the cause of the flooding?

Surely the seller would have to supply a report on what happened?

April

[acmb05]

Why would anyone put 50k into escrow as a deposit? This makes no sense to me. To much hassle involved trying to get it back if something goes wrong.

OP you need to require the homeowner to pay for any and all remediation of the mold, plus fix any damages that have occured from the water.

[Gadfly]

Why would anyone put 50k into escrow as a deposit? This makes no sense to me. To much hassle involved trying to get it back if something goes wrong.

My question too. Only put the minimun down that is customary for the area. Then bring the rest to the closing table.

[4Labs]

Originally Posted by longislandlost

What is the name of your state? NY
Are we wrong? Can we get out of this:
Sun. Feb 18: Our realtor calls to tell us the house we are in contract for had water pouring out the front bay window, he was tracked down by a neighboor. He said he took pictures once he got in, and while the water had stopped, he saw dampness on the subfloor underneath.
Mon. Feb 19: Our lawyer tells us our reltor has been instructed to not talk about it, which results in our lawyer sending a notice warning his ompany not to destroy any evidence, like the pictures. We demand access to assess the damage. We are denied access for 10 days.
Tues. Feb 27: We are allowed into the house after our lawyer advises them they are in breach of contract if they don't let us in. "alleged damage" has been repaired, our engineer detects moisture under the floors still, and recommends a mold specialist comein to check for mold levels due to the damp floor sitting there for so long.
Mon. March 5: Mold specialist inspects the house, once again after fighting with the sellers about access. Tests come back with elevated airborne mold counts in the area around where the "alleged damage" was, and a separate spot that was tested upon my request turned up "stachybotrous" mold, but it was in a different part of the house, not near the "alleged damage".
Since then we have been requesting access for further testing to determine the complete infestation of mold, and to then get in with a remediator to give an estimate. So far all they have done is offer us $1000 based on the engineer's report without having seen the mold report, and still have not admitted there was ever a leak. The seller sent us a message through our broker threatening to end the deal if we didn't set a closing date by Saturday. We said we would sue him for fraud, breach of contract, and specific performance if he continued to threaten us without his lawyer.
They have $50K in escrow as a deposit, can we get out of this complete mess?

Why would the seller have $50K on deposit with escrow?