Seller Problems

[HomeGuru]

Just tell us the deal closed. We don't play " what if's".

 

[sitedrifter]

1st, life is nothing but a "what if" so you play it everyday.

2nd, the closing went through. The seller had contractors out Sunday and most of the day yesterday (until 2pm) correcting the issues of which they have corrected all. The seller also ordered glass replacement for 3 windows as the thermo seals are bad which he did on his own without any request from me.

So far so good and I am closing this thread since I am done with this issue.


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[sitedrifter]

Thanks everyone for your input as it helped me through this closing.


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[sitedrifter]

What is the name of your state? NJ

I purchased a house with a signed agreement (at intial contract signing and numerous other times as there were addendums) for the seller to remove the oil tank. Seller agreed to remove it but was not ale to until after our closing. This was becuase the tank abatement company he is hiring had a 4-6 week lead time. (this was a 30 day closing mind you). The latest signed agreement at the closing was,

1. seller removes the tank within 60 days
2. seller is repsonsible for removal costs including all remediation costs above the $1200 escrowed
3. If not done is 60 days, I can have it removed and get money from the escrow held on this but the seller is still responsible for excessive charges over $1200

Problem is, I think the seller is not going to do it (for reasons too numerous to get into now) so I want to know if I can get it done which would accelerate the process, but I want to make sure that if I do it, the part of the agreement about excessive costs above $1200 they are still responsible for.

I want to accelerate it becuase the gas company will not install gas until the tank is removed and if I wait the 60 days, it will be another 30 before I can get it done and 45 or so before the gas gets put in which puts me in October/November... NOT GOOD


Thanks

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[sitedrifter]

Any Advice? Anyone?


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[HomeGuru]

What is the name of your state? NJ

I purchased a house with a signed agreement (at intial contract signing and numerous other times as there were addendums) for the seller to remove the oil tank. Seller agreed to remove it but was not ale to until after our closing. This was becuase the tank abatement company he is hiring had a 4-6 week lead time. (this was a 30 day closing mind you). The latest signed agreement at the closing was,

1. seller removes the tank within 60 days
2. seller is repsonsible for removal costs including all remediation costs above the $1200 escrowed
3. If not done is 60 days, I can have it removed and get money from the escrow held on this but the seller is still responsible for excessive charges over $1200

Problem is, I think the seller is not going to do it (for reasons too numerous to get into now) so I want to know if I can get it done which would accelerate the process, but I want to make sure that if I do it, the part of the agreement about excessive costs above $1200 they are still responsible for.

I want to accelerate it becuase the gas company will not install gas until the tank is removed and if I wait the 60 days, it will be another 30 before I can get it done and 45 or so before the gas gets put in which puts me in October/November... NOT GOOD


Thanks

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**A: you agreed to the 60 day period and other conditions as stipulated in the contract. Which was a bad move. NOT GOOD.

 

[sitedrifter]

Yeah, the 60 days does suck and thanks to my attorney who suggested.

I would like to think there could be a way to accelarate it without causing issue with the rest of the agreement without having to have the Ok from the seller. Maybe ?


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[sitedrifter]

What is the responsability of my attoney in this case concerning his continuance? I am living in the new house but parts of the signed agreements are not completed or are in dispute. Is my attorney required to continue my case for the initial costs of the closing or can the attorney expect/require more money/retainer?

I am in NJ and tried to find something on the NJ website about this but could not

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[sitedrifter]

This whole house purchase is from hell.

The seller never repaired the rotting/molded floor in the bathroom (although he said he did). I have photos of the floor as I had it ripped out because the bathroom wall caved in becuase of previous water damage. So while I was fixinf the bathroom walls, I had the contract check the floor and he saw that the seller screwed up a piece of plywood to the floor int he crawlspace. All that did was cover the rotting floor which I would think is fraud.

I have pictures fo the rotted floor and walls int he bathroom before I had them replaced.

The oil tank is still not yanked, the windows are still not fixed (past the 30 day linit on the windows but not the 60 days on the tank).


My water main is replaced on a side note.


So what the tally is:

1. repair floor --- seller said completed -- seller lied cost $ 400

2. repair leak ---- seller said no leak --- seller lied -- cost $400

3. repair windows ---- seller agreed and has not --- cost well over their alloted $150. There are 3 windows and my quote to replace windows/selas is $450

4. oil tank removal -- seller has not completed yet and most likely won't

5. bathroom wall damage from water in shower -- seller sad they replaced tiles in shower because of a leak. This proves seller knew of the mold and rot damage. --- cost $2500

6. seller agreed tor emove all refuse prior to closing. seller did not and becuase it was special materials (wood and metal etc) it cost to remove $75.00


Total this idiot has cost me because of their lies so far is:

$2500
75.00
400.00
400.00
--------
$3375


Does not seem like alot but added to all the other bull I have had to deal with such as the water main break ($5K) it adds up. The main thing is, I would not have purchased this house if the problems listed were or agreed to be fixed. Problem is, they were not fixed.

What could be my recourse? I want to sue this idiot for damages, both liability and punitive. I have to ask as I am thinking about hiring a different attorney.


Thanks

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[sitedrifter]

here are some pics of hte bathroom

http://www.recipekitchen.com/images/bathroom/bath3.jpg

http://www.recipekitchen.com/images/bathroom/bath4.jpg

You can see the rotted wall right at were the seller replaced the tilesas well as mold in the second shot.



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[HomeGuru]

Do you have an attorney that is not the closing attorney? If not, you need one.

 

[sitedrifter]

No other attorney yet. My closing attorney actually called today with a fire under his azz (at least sounded like it) and wanted to let me know he is going after the seller and his attorney.


We will see. I give him a couple of weeks and if nothing by then , it is a new attorney. I am sure I will have more info before then.


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[HomeGuru]

No other attorney yet. My closing attorney actually called today with a fire under his azz (at least sounded like it) and wanted to let me know he is going after the seller and his attorney.


We will see. I give him a couple of weeks and if nothing by then , it is a new attorney. I am sure I will have more info before then.


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**A: you still need another attorney.

 

[sitedrifter]

Why is that? Can't the closing attorney sue the other party if it comes down to it?

Thanks


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[HomeGuru]

My attorney contacted me last night and said the seller has agreed to put repair money into escrow and for it to be released after 30 day when repairs are done. I am not sure on the specifics as the official written response has not come through yet (their lawyer is very busy....). So as it looks now, it seems like the sale is still on. Will keep my fingers crossed an pop a few more aleves for my headache!!!


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**A: in 2 of your posts you make reference to your attorney. Do you have an attorney and is this the same person as you state is the closing attorney?