Currently, we are under contract for a property we want. Despite being under contract, the Seller's attorney has been dodging our emails & calls. The reason they have not been responding is because the house is not upto date with Septic codes. Last we heard was Seller hired an engineer to get this issue resolved, no answer since then ~ roughly 1.5 months. In this situation, what can be done?
Our attorney as well as agent has tried reaching out to seller's party numerous times, but have not been able to get a response.
This is a situation your attorney should advise you. Did the seller agree to fix the issue? Is that in writing? 1.5 months would most like you put you close to or over your closing date.
I imagine some legal documents from your attorney could possible put the seller on notice of what you want to happen.
I agree with with Brian, let your attorney resolve this issue. Did you put down your earnest money yet? If not just back out and find the next deal
@Davian Brown Yes - We have already put down money. The seller has only agreed to fix part of the septic in writing but not entire.
@Kinjal S. That's horrible man! I'm not sure what else to say because unless the EMD is being held with your Title agency/attorney you could possibly get it back especially if the EMD is refundable.
@Davian Brown our contract is structured in a way, we can pull out anytime and get our deposit back. I am not worried about that. Worst case, we lose out on attorney fees, septic inspection fees & our valuable time. We didn't expect to run into this issue on our first investment!
Has your attorney sent demand letters to the other attorney? Has he issued a Time of the Essence yet? Worst case, you can get your deposit back and move on to the next property.
@Dan Barli Our attorney has sent a few emails and left voicemails for the seller's attorney but hasn't gotten a response back. We keep asking him if he can send him a notice and he just doesn't answer that question. Thank you for letting me know about some other options other than the helplessness we're feeling right now.
@David Lichtenstadter All the parties on the seller's side have been very unresponsive and unhelpful. The agent has been avoiding our agent's calls. Our lender infact is right now in touch to get any info that he can. It is a very tough situation. The seller among them all is the toughest (had to find a nice word for this guy) to work with.
Glad to help! Your attorney should be able to do some of those things to put some pressure on them.