What is purchasers recourse when seller won't commit to closing date?

[jeanine]

What is the name of your state? NY

We had a closing date of Aug 15, 2005. Seller indicated verbally that they could close the week of the 22nd. I sold my previous residence based on these dates and seller's verbal agreement to be out by the time I sold my previous residence. I am now homeless.

So, the 15th and 22nd have come and gone and now my attorney is trying to set up a closing date of September 2, 2005. No response yet from the seller and tomorrow is September 1. My bank commitment is up on the 9th of September. I will be charged additional monies to renew.

My atty advised me that she cannot do anything until 30 days from August 15. However, the contract clearly states "...upon notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not to exceed 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire...)"

Due to seller's lack of response, I am incurring fees such as storage, kennel costs, rent, etc.

1. Can my atty do something sooner than September 15th?
2. Is seller liable for the fees I am incurring since they originally verbally agreed to a closing date of the week of the 22nd at the latest? Can I start a small claims action?

HELP????!!!!!!!!!!!

 

[BelizeBreeze]

Your attorney is correct. Verbal contracts in Real Estate dealings are worthless. Wait.
and no, you cannot recover any costs for YOUR relying on a verbal statement.

 

[jeanine]

Actually we relied on the dates in the CONTRACT. The verbal statement was secondary. And what about the clause that mentions our mortgage commitment expiring? It clearly states the closing cannot extend past the date my mortgage commitment runs out...

 

[BelizeBreeze]

Actually you said

I sold my previous residence based on these dates and seller's verbal agreement to be out by the time I sold my previous residence

so yes, you DID rely on the verbal statement.

Second, your committment isn't up until the 9th of september so you can't do anything until that date AT THE EARLIEST.

You decided to move. You did not have to move until you had written confirmation. Also, you never mentioned anything about proper written notice which is also in the contract. Why did you not mention that you have notified the buyer of your desire to withdraw?

 

[jeanine]

Belize, please don't answer my post anymore.

Can someone else please address this:

However, the contract clearly states "...upon notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not to exceed 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire...)"

It expires Sept 9. What do we do after the 9th and the mortgage commitment expires? Can we legally withdraw then? Thanks...

 

[BelizeBreeze]

Belize, please don't answer my post anymore.

I will decide what posts I answer thank you

Can someone else please address this:

Yes, most people will respond to you but the answers won't be any different.

However, the contract clearly states "...upon notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not to exceed 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire...)"

and you still have not answered the question "DID you notify the seller?"

It expires Sept 9. What do we do after the 9th and the mortgage commitment expires? Can we legally withdraw then? Thanks...

I answered this before. And so did YOUR attorney.

You made the decision, based on a verbal statement by the seller, to move from your home. AFTER Sept 9 you can void the contract. Until then you have no recourse.

And no, you cannot recover any costs associated with YOUR reliance and decision on the verbal assertion from the seller.

Now, please get comfortable. It's going to be awhile before anyone comes back to give you the answer you WANT to hear.

 

[HomeGuru]

How about this answer: talk to your attorney again.

 

[jeanine]

You are an idiot. You are obsessed with the fact that I mentioned a verbal statement the seller made. Clearly you missed the fact that my house was sold based upon the dates given in the contract. You seem to want to ignore that part of my posting. Please stop wasting my time. If you are an atty. You suck!

 

[BelizeBreeze]

How about this answer: talk to your attorney again.

I like that answer and so does Scruffy