Help! I'm supposed to close in a few days (6 to be exact), and I can't get the sellers to agree to visits

Desperate
Home Buyer
Boston, MA

promised in the purchase and sale agreement to allow for contractors to visit. I put in a request 3 weeks ago and was told that they were on vacation with no key left behind. Now they are moving as stressed out. What can I do? It seems unfair that I have to accommodate them by showing up for my closing date on time while they can avoid meeting the requirement that they allow me (the buyer) up to 3 visits before closing. Do I have any rights here? My lawyer is acting like it's my tough luck.

Desperate in Boston

Answers (7)
Keith Sorem
Agent
Glendale, CA

IT would be helpful if you were in a position to walk away from this purchase. Are you?

Also, it would be very helpful to know:
Why the seller is selling?
If they have a hard move date?
Does the seller have any alternatives if their home does not sell?
How long has the property been on the market?
How much money does the seller expect to net?

If you knew these things you might be in a position to place some pressure on them.

If you are in a position to walk away, then you might want to consider requesting a meeting directly with the owners (with attorneys and/or agents present) and have a frank discussion about the transaction and your concerns. You've got nothing to loose and everything to gain.

One of my favorite questions is to take a situation like the contractors visits, and ask the seller this "What would you do if you were trying to buyi a home and the owner made it impossible for your contractors to inspect it?"

Then be quiet, don't say a word, and hear what they have to say.

Thu Jul 9 2009, 08:34
Desperate
Home Buyer
Boston, MA

From Desperate ---
Thanks so much for your comments. I appreciate hearing the feedback. I do have a buyer agent AND an attorney, both of whom imply that there's no rights afforded me here. The P&S agreement says up to three visits, but nothing about when I get them or the hassles that I have to go through, so no luck. I guess the warning here is that this standard article in every P&S needs to be specified better and I'll be doing that on my future home purchases. Hard to believe that in such a buyer's market that sellers can be so unaccommodating, but so goes my luck, it seems. I'm really unhappy about the whole thing - sure makes renting look more appealing.

Thu Jul 9 2009, 07:04
Maria Morton
Agent
Kansas City, MO

Attorneys read and write contracts and offer advice. Realtors conduct real estate transactions. If you have no realtor and your attorney says you are out of luck, you have two choices: 1) close or 2) don't close. Best wishes.

Wed Jul 8 2009, 23:33
Debbie Rose
Agent
Livingston, NJ

Desperate
Have a conversation with your attorney, and ask what legal options, if any, you have. You may not like your attorney's advice, but it may be correct, and while you can always consult another attorney, you need to weigh the pros and cons of doing so.

You may be inconvenienced, but as to what real damages you have suffered, and whether a monetary amount can be attached to ths inconvenience is to be decided between you and your attorney. Do you really want to find, and pay for a new attorney to represent you with 6 days to go? That's up to you.

In the scheme of things, and with your contract, while it might be a "breach", it is a minor one for sure. How enforceable it is, and whether you can be compensated. is a legal matter. If you didn't make a bigger issue out of it when you had more time to work it out, at this point, it seems like time might run out. Investigate your options. Look at the big picture, and then make your decision as to how you want to proceed.

Wed Jul 8 2009, 23:02
Tim Cahill
Agent
Arlington, MA

Well I'm not sure about NJ, but here in MA we have to abide by a thing called Contract Law. The sellers are obviously in breach of this contract and if her attorney isn't willing to fight for her, then she should absolutely consider getting a new attorney. How could Desperate be sure the attorney is taking care of the rest of the details properly if he can't even enforce the simple conditions in the current contract?

You're certainly due for some extra compensation here, Desperate, so don't give up! At the very least, it should be money back in your pocket to compensate you for the inconvenience you'll now have to live with. Don't let a bad lawyer keep you from getting what you deserve.

-Tim

Wed Jul 8 2009, 21:54
Debbie Rose
Agent
Livingston, NJ

Desperate.....
Look -
Take a deep breath....I know how frustrated you must feel. I have been through this same thing with buyers from time to time ......but with 6 days to go, you have very limited options. Switching attorneys at this point is silly to even consider. You can huff and puff all you want,. but in the end, you want the house, you will close, they will be gone, and you can move forward with whatever plans you have. If you haven't gotten any contractors in as of yet, it's too late now to make a difference.

When you do the final walk-through prior to the closing, make sure the house is in the proper condition. If it isn't, then you have something to discuss, and perhaps some leverage at the closing table.
In the meantime, I'd listen to your attorney (as agents, we really can't give legal advice), not get overly upset, and be happy that you found a home you love!
Sellers can get emotional after selling their home, and maybe this move has proved more stressful for them than they imagined. You will get past it!
Good luck in your new home - enjoy many happy years living there.
Debbie

Wed Jul 8 2009, 21:05
Tim Cahill
Agent
Arlington, MA
FIRST ANSWER

You should at least be able to get some concessions from them, or some extra money now, to accommodate your inconvenience. They have steps to abide by in the contract, just as you do, and they should be held accountable for them.

If I were you, I'd think about switching lawyers, too!

Best of luck! Let us know how it works out.

--Tim

Wed Jul 8 2009, 20:22

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