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Seller Is A Nightmare

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M

MarcyK

Guest
What is the name of your state? New York

On June 3,2002 our purchase offer was accepted by the seller with a closing date of July 31 on the contract. Also in the contact signed by the seller were the stove and refridgerator to be included in the sale price (side contract was signed of appliances being sold for 1$ at closing) the home also had a built in dishwasher. This was not listed with the stove and fridge for sale to us because it was built in and stated on the contract built-in's including dishwashers remain on property, as well as, the dishwasher being listed on the home spec sheet as staying.

A background on the house and seller. They paid $21,000 cash for this house it was a HUD home, gutted it fixed it, and selling it 4 months later-June 3 to us.

The sellers made it very difficult to get in with an inspector to do an engineer report and the required FHA pest inspection. After much hassle it was finally done with 1 minor problem on the report. The oven range hood did not work. No power supply near it for it to work. The seller stated he would NOT fix it. We decided it was minor and not to lose the house over it so we let it slide by.

The bank inspector had an even harder time getting in to do his report. After getting in finally he came up with three things that must be fixed before closing.

1) insulate and install molding around a kitchen window
2) replace rotted wood in basement window
3) replace missing siding in the back and side of house

WELL, they agreed to fix it and did fix 1 & 2. NOT 3. Our bank was ready to close July 15 was just waiting on the siding repair. The inspector went to check on the repairs and all was done but a portion of the siding in the back (keep in mind we pay for everytime the inspector goes out). He met with the seller and the seller said he'd finish the siding in an hour to come back. Well it wasn't finished in an hour. This was the inspectors 5th going out to check. 2 days later we get a call from our realitor saying the sellers had moved out (good thing) BUT they took the appliances and the dishwasher (built in) because they matched their new home (bad thing). He was willing to give us some $$ at closing. Well the $$ he was willing to give was far to low. I said I wanted XYZ $$ closing or the original appliances better be returned and the dishwasher installed. The seller said he'd return the appliances and comply.

Well it is now Aug 15 and the repair is still not done with him saying it's done and the inspector checking and it's not done and the appliances are not returned yet. The bank wont close until the repair is complete and we wont close until the appliances are back.

At this point we want out of the contract. What are our avenues for doing so and can we win in court our money returned, as well as, money for inspectors, missed time at work for doing things with the house, down payment, attorney fees, etc or are we bound to wait until this moron completes the repairs and returns the appliances which may be never.
 


HomeGuru

Senior Member
You should be able to easily termiate the contract due to default by Seller.
Hire an attorney to help you.
 

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