Time of Essence (as buyer ).Seller is not moving out post closing

[Account Closed]

My wife and I signed the contract for a coop on Nov. 15 2017, and the contract states 60 days on or about closing date – that would bring the closing date ( with 30 days extension) to Feb 13th, 2018 the latest. We are approaching our supposed closing date of Feb 11th 2018.

Then we learned the seller is going through divorce procedure ( we did not know about this) and there's a court order saying the wife can stay 30 addl days after closing.

We never agreed to this on contract, and the contract mandates the property to be vacated at closing.

We have to move out of our current place by March 1st, and the seller does not agree to pay for any additional cost for moving / storage / lodging due to the inconvenience the seller causing (wife staying additional 30 days).

What are our options? Can we file time of essence and request empty property at closing?

what's our chance of winning if the seller again being unfair and refuse to accept the TOE ?

[Andrew B.]

whatever you do, do not close if the wife is still there. If you must, you can negotiate a per day fee that is taken from closing price for every day past closing. You also have the option to close and keep a significant portion in escrow, to be used if you must evict. you can also threaten to walk. he should not be making his marital affairs, your problem.