Any Legal Recoarse for delay from Seller in NJ

4 Replies

Any input is welcome!  Thanks ahead of time BP community!!

The background of the situation is that I am finally out of attorney review after a grouling back and forth of the seller trying to aleviate any options for me to back out of this deal. Not sure if it is normal to have the contract revised up to 15 times.  But finally that’s over. 

The situation now is that I am trying to have the home inspection done. The seller requested to have the home inspection done after an estate sale was completed and some minor repairs were fixed on the home.  I agreed. I scheduled the home inspection after the time allowed on the contract, however, the seller is refusing for that specific date and is requesting that I do this inspection on the days of their choosing.  The seller and I finally agreed on dates that are suitable for both parties and had the attorney rewrite and extension for all things encompassing. 

My problem is that if they choose to deny the home inspection again (which I think they will), are there any coarse of action I can take against the seller legally? I will consult my attorney after this post but I would like to have some knowledge going into the situation and/or other options to suggest to my attorney.   

The funny things is that they tried so hard to bind me to the deal and now they are alongating the process!!!  I believe this is a great deal and that’s why I’m sucking it up.  Let me know what you think!!!

@Christopher Veljkovic

Contracts allow for reasonable access during inspection periods.

If they refuse to give you access, then you really need to have the lawyers iron out something.

make sure your Attorney notices them on every delay so they cant accuse YOU of delaying.

@Christopher Veljkovic - Sellers need to be managed by their agent and attorney better. Like they said, they cannot restrict you reasonable access during the inspection period (or you can definitely get an extension).

Thoughts: less possessions and them fixing stuff is good for you. I had several rugs in one property hiding stuff (sun bleached hardwood floor with a rectangle where that rug was, garage concrete cracks.) In a full shed, possessions can hide the state of disrepair. Your home or termite inspector will say he couldn’t reasonably access or view it so he can’t say anything. (He’s not going to pull up a big carpet in a garage).

They may be a little shy and not want you to request lots of post inspection repairs. This is where their agent should help them get comfortable with the process and just move forward.

Do you know if they’re simultaneously looking for another home such that they’re trying to delay closing?

@Natalie Schanne thanks for that great advice.  I’ll will be more patient and hopfuly the home will be completely empty when home is ready for the inspection. And no, the seller is not looking to purchase another home. She inherited it from her 100 y/o mom that resent my passed and the daughter is about in her 70s. 

@Ibrahim Hughes I asked my attorney and she is keeping count. Although I asked if they delay again, what would be the recoarse we should take but she simply replied we will deal with it when that time comes.   

Thanks again!

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