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  #1  
Old 02-06-2007, 02:18 PM
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Condo went to record Feb. 5 2007 But I can't move in


What is the name of your state? California

I bought a condo in Milpitas Ca. We did our walk through on Feb. 2 and found that there were no sinks in the Bathroom. Our rate lock expired on Feb. 2 so we signed off on the walk through with the understanding in writing that the sinks would be installed on Feb. 5 along with some other stuff like windows and doors off the tracks. The title went to record on Feb. 5 and the condo is now ours, but the sinks were still not installed and they won't be ready until later in the week. On top of that, we were surprised to find that the city STILL had to do a hazard inspection that should have been done earlier that never was done. My first mortgage payment is due March 1 and I am currently paying for a place I can't live in, because if I go into the home before the hazard check I breach some contract. Should I be able to charge the seller for the days I am paying for my condo and not being able to live in it?

Derek
  #2  
Old 02-06-2007, 02:44 PM
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Quote:
Originally Posted by dirtyd View Post
What is the name of your state? California

I bought a condo in Milpitas Ca. We did our walk through on Feb. 2 and found that there were no sinks in the Bathroom. Our rate lock expired on Feb. 2 so we signed off on the walk through with the understanding in writing that the sinks would be installed on Feb. 5 along with some other stuff like windows and doors off the tracks. The title went to record on Feb. 5 and the condo is now ours, but the sinks were still not installed and they won't be ready until later in the week. On top of that, we were surprised to find that the city STILL had to do a hazard inspection that should have been done earlier that never was done. My first mortgage payment is due March 1 and I am currently paying for a place I can't live in, because if I go into the home before the hazard check I breach some contract. Should I be able to charge the seller for the days I am paying for my condo and not being able to live in it?

Derek
Why did you not negotiaite to establish an escrow to cover daily occupancy costs out of proceeds until an occupancy permit was issued.
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  #3  
Old 02-06-2007, 03:19 PM
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I am sorry but I don't understand the question. I know that I am paying $100 a day. = $3189 /mo. in cluding HOA, Tax, Insurance
  #4  
Old 02-06-2007, 03:21 PM
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I am sorry but I don't understand the question. I know that I am paying $100 a day. = $3189 /mo. in cluding HOA, Tax, Insurance
Okay, let me rephrase the question.

What in writing do you have that says what happens if you can't live there?
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  #5  
Old 02-06-2007, 03:24 PM
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Thnaks, I don't know for sure. Where would I look? What document? Would the Title Company know where to look? Is it possible that subject was not adressed?
  #6  
Old 02-06-2007, 03:27 PM
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Q: Where would I look?

A: In that big pile of papers in the plastic folder you got. It's on the kitchen table.


Q: What document?

A: Look through all of them.


Q: Would the Title Company know where to look?

A: I doubt it.


Q: Is it possible that subject was not adressed?

A: Yes.
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  #7  
Old 02-06-2007, 03:29 PM
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If it was not addressed is there a comon standard procedure for a situation like this?
  #8  
Old 02-06-2007, 03:48 PM
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Q: If it was not addressed is there a comon standard procedure for a situation like this?

A: Real estate agreements must be in writing; if there was nothing in writing, then it does not exist.
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  #9  
Old 02-06-2007, 03:58 PM
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So, what you're saying is, if there is nothing in writing they can keep me out indefinately?
  #10  
Old 02-06-2007, 04:01 PM
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So, what you're saying is, if there is nothing in writing they can keep me out indefinately?
I didn't say anything remotely resembling that.

I did say read all your stuff.
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  #11  
Old 02-06-2007, 04:08 PM
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I didn't say anything remotely resembling that.

I did say read all your stuff.
So if I read all my stuff and nothing is mentioned what can I do?
  #12  
Old 02-06-2007, 04:12 PM
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So if I read all my stuff and nothing is mentioned what can I do?
Hire a lawyer.
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  #13  
Old 02-06-2007, 04:14 PM
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SO you think I'll have a chance to be compensated?
  #14  
Old 02-06-2007, 04:17 PM
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SO you think I'll have a chance to be compensated?
I don't have the foggiest.
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  #15  
Old 02-07-2007, 07:28 AM
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SO you think I'll have a chance to be compensated?
I doubt it - you now own the property. Not being able to live in it should have been addressed at closing.
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