Sellers keep changing the terms - California

[samorrow8665]

In California:
The sellers are both real estate agents.

Last Sunday, we put a bid in on a house and it was accepted. Closing was scheduled for 6/11 and the sellers would vacate by 6/13 (needed two days to get their things out).

On Monday, the sellers realized that they would lose $60,000.00 if they closed before July 24 since they would have owned the house less than two years. They asked that we delay closing until July 24, we could still move in June 13 and live rent-free until closing. We were OK w/ that.

On Tuesday, they informed us that their lawyer had nixed "move-in and live in the house" deal. Now they want to defer closing until July 24.

We are relocating, living in a temporary furnished apartment. Our out-of-pocket costs for apartment rent (furnished apartment) and storage for our personal belongings runs to $5,000.00 per month. They have offered to drop the sale price by $3,500 for our "inconvenience". I want to go back to the original deal and they can figure out how to handle the $60,000 loss to taxes. I am very uncomfortable with these changes. My husband *really* wants this house. Can we force them to stick with the original deal?

 

[HomeGuru]

Level the playing field.

 

[samorrow8665]

Could you expand on this just a bit (I'm not clear on what you mean)?

We've gone back to the sellers and provided detail on our exact cost (per day) of temporary housing. Told them we'd like to be made "whole" relative to our costs (even though what we really want is to move out of this temporary environment). Don't know what they are going to say yet. I'm concerned about future changes and would just as soon go back to our original deal. If necessary, we are more than willing to engage a lawyer - it just seems premature at this point.

 

[JETX]

Wow, another indication of how crazy the California realty market is...
You bid on a house "last Sunday" (either 6/3 or 6/10) and the seller signed a contract (they did didn't they??) agreeing to be out of the house on 6/13!!!!

If that is what the contract says, you can certainly enforce the contract. Your claim would be breach of contract and you would want compensation OR specific performance. However, at this time, a lawsuit is really not practical since you want possession as soon as possible.

Basically, as I see it, you have two options:
1) Tell the sellers to comply with the contract and vacate the house. Otherwise, you might consider suing for damages (and tie up the property to prevent other sales), or
2) From your post (and assuming you have a contract), you are in a very strong position. It would be solely up to your discretion as to if YOU allow them to remain in the house and to compensate you for your damages. They're going to net about $60k or so of benefit from your allowance, I would suggest that they compensate you to the tune of about $6000 per month for your allowing them to remain in YOUR house.

The choice of which option is yours. And, naturally, if you do not have a valid sales contract, you have no options.