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early occupancy (Real Estate & Property Law)

Fri, 09 Apr 2004 04:11:00 GMT
Tags: 8-1-03, 9-12-03, agent, agreement, closing, date, dual, estate, law, occupancy, pabri, property, purchase, real, realtor, state

What is the name of your state? PA
I signed purchase agreement 8-1-03 with closing date 9-12-03. When closing date is near realtor(dual agent) says seller's lawyer needs 2 weeks more to look over paperwork, and then another week or 2. Mid Oct realtor brings an early occupancy form to us to sign so we can start moving and states closing will be in a 2 weeks or so. After getting keys the "freshly painted" walls and ceilings in the kitchen, dining room and hallway started to fall off in big pieces revealing the ceilings and walls are water damaged and there is a crack that runs almost the width of the house that was filled in and the filling is falling out with the paint and the roof is leaking. When I contact realtor she says she will see what she can do. She then says we signed a contract and had a home inspection and that seller can sue us if we don't follow through. In the disclosure form seller states "complete roof resurface 2001" no mention of water damage or roof leaking. Seller arranged for roofer who did resurfacing to come out and he says he recommended roof be removed and replaced in 2001 but seller wanted it patched and that dining room was "flooded" when he did the work in 2001. When I tell realtor i do not want to purchase the house due to water damage and roofer estimates 25,000 to replace roof she says she will see what she can do. This goes back and forth until Jan (still no closing date)when home owners insurance is cancelled due to roof condition. When I tell realtor that I can not purchase house due to not being able to insure it, she again says she will see what she can do to get us out of contract. At that point I contacted real estate attorney whe says the contract is void since they did not close on sept 12. Realtor says the early occupancy agreement extends the contract, it looks like a rental agreement with a rent amount and due date for rent, no mention of the purchase contract. I contact another attorney who says contract was voided on sept 12 and advised me to sign a mutual release form which i did and gave to realtor to have sellers sign. As of this date they have not signed and I am still responsible for a house I have never lived in and do not have insurance on. When I talk to realtor she says she is trying to get the seller to sign.
Any way to speed this up without spending a lot more money?
Thanks

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  • Fri, 09 Apr 2004 11:04:00 GMT(1)

  • Quote:

    Originally posted by buyer44
    What is the name of your state? PA
    I signed purchase agreement 8-1-03 with closing date 9-12-03. When closing date is near realtor(dual agent) says seller's lawyer needs 2 weeks more to look over paperwork, and then another week or 2. Mid Oct realtor brings an early occupancy form to us to sign so we can start moving and states closing will be in a 2 weeks or so. After getting keys the "freshly painted" walls and ceilings in the kitchen, dining room and hallway started to fall off in big pieces revealing the ceilings and walls are water damaged and there is a crack that runs almost the width of the house that was filled in and the filling is falling out with the paint and the roof is leaking. When I contact realtor she says she will see what she can do. She then says we signed a contract and had a home inspection and that seller can sue us if we don't follow through. In the disclosure form seller states "complete roof resurface 2001" no mention of water damage or roof leaking. Seller arranged for roofer who did resurfacing to come out and he says he recommended roof be removed and replaced in 2001 but seller wanted it patched and that dining room was "flooded" when he did the work in 2001. When I tell realtor i do not want to purchase the house due to water damage and roofer estimates 25,000 to replace roof she says she will see what she can do. This goes back and forth until Jan (still no closing date)when home owners insurance is cancelled due to roof condition. When I tell realtor that I can not purchase house due to not being able to insure it, she again says she will see what she can do to get us out of contract. At that point I contacted real estate attorney whe says the contract is void since they did not close on sept 12. Realtor says the early occupancy agreement extends the contract, it looks like a rental agreement with a rent amount and due date for rent, no mention of the purchase contract. I contact another attorney who says contract was voided on sept 12 and advised me to sign a mutual release form which i did and gave to realtor to have sellers sign. As of this date they have not signed and I am still responsible for a house I have never lived in and do not have insurance on. When I talk to realtor she says she is trying to get the seller to sign.
    Any way to speed this up without spending a lot more money?
    Thanks

    **A: and where is your attorney? That is who you should be talking to.
  • Leave a Comment Now.

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