All Forum Posts by: Account Closed

@Michaela G. Thanks for the reply. Yes the husband is the sole owner of the apt on the apt share holder. and the wife is not. however as far as i know, the wife is also getting half of the sale.

What i am worried is can we walk without getting deposit taken. And if the Time of Essence is even going to do anything

@Patrick Collins after we sign the contract and we wanted to check the apt again the agent told me they are divorcing so she, the agent needs to get her consent first before we can see the apt. Also the wife has intentionally do a no show on our loan appraisers twice. 

and no the seller's agent has never told us the complexing until we learn that first hand because she didn't let the appraiser in to do the job, and then it's the first time i heard the busband is attending a court appointment to get a court order for her to comply and the court order later states, that the wife can stay 30 addl days post closing, but at whose' cost... the seller is only paying for maint and mortgage interest, and we will be home less for 1 month + having to move twice.

@Andrew B. thank you for the advice. i think we will do that instead, we were nice enough to agree to let them stay if they are willing to pay for the addl. moving fee and lodging for the 15 days we'd be homeless for. THEY REFUSED.

@Andrew Syrios our attoney presented our conditions. 1 moving cost, storage cost, and lodge for any day after March 1. They refused. I wonder what's the best way to 'threaten that we are walking' do we have the legal grounds? 
we can't lose our 10% deposit. We recently have a baby less than 2 months old. This situation got us very worried

Thank you all for the kind suggestions

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 ?