ACk! New house emergency, need quick advice

[Cindy B]

Ok, we were all set to settle for the house on the 17th or 18th.
I quit my job, to finish on the 20th, and all that.

DH cancelled all the gas./electric for the week of the 25th for where we are now, and has new service connected as of the 21st. We rented the truck for the 21st.

We told our landlord we would be out of this house by Dec 31st at the latest....

Today, the realtor calles and says they want to extend it to the 7th of January!!! ACK!!!!

We wanted the kids to start school on the 2nd of January, when all the other kids start back in our new location.

Now they want to push it back to the 7th...of January.. I don't think so!!!!!!!!!!


We really can't move all the other stuff, but we want to negiotate something. Should we get the sellers to settle on the 18th/19th, and have them pay for a hotel... until the 7th...

Or move stuff to storage, and have them pay for it... since they are moving the date... DH does not want to move our stuff twice..

The contract is signed for the 18th, and now they want to move it..


What would you negiotate?





N

 

[JerseyJanice]

If I were in your shoes, I’d explain all this to my lawyer and let him/her handle the negotiations.

 

[Cindy B]

Well, since we were short on cash.. no attorney this time.. had one the first house we bought, and not with the second...

 

[Tony-NJ]

Especially if the dates were in the signed contract. Thats what you are paying your lawyers for. Unfortunately that doesn't relieve any of the stress though!!!! Do you know why they want to push back the date?

 

[luvtogo12]

I would settle on the original date and charge them an "inflated" amount of rent to stay in the house until they can vacate. Do not settle just for the amount of a hotel room. Include in their rent your storage charges, lodging and all costs involved with moving. They will either pay what you are asking or vacate the premises as previously agreed upon.
What does your realtor suggest?

 

[Cindy B]

I m thinking of telling them that we cannot settle after the 18th, however if they want to, they can


a) put us up on a hotel for the remaining days
b) pay for movers
c) Settle on the house before school resumes on January 2nd. (need to have settlement sheet to register)

If they want to stay after settlement date, they will need to pay us a fee of some sort... since we did all these things.. and it is an inconvienence..

My current boss is an attorney, I will ask her what she thingks...

 

[Cindy B]

I m thinking of telling them that we cannot settle after the 18th, however if they want to, they can


a) put us up on a hotel for the remaining days
b) pay for movers
c) Settle on the house before school resumes on January 2nd. (need to have settlement sheet to register)

If they want to stay after settlement date, they will need to pay us a fee of some sort... since we did all these things.. and it is an inconvienence..

My current boss is an attorney, I will ask her what she thingks...

 

[Cindy B]

They want to push the date since one of the daughters are having surgery.. I understand that.. I do believe its the moving during the holidays that is a problem though.


I was going to charge an inflated rent as well... we could probably stay with my Father in law for nothing, but it would inconveinence him.. plus the fact of moving twice..

I'm sure we can trhow around breach of contract...

 

[Laurabearz]

I agree with the above poster.......

I dont know how far you are moving, but if it is within reason I would still start your kids in the new school on the 2nd..... even if the comute is a long one......since you wont be working at that point it might be doable..... a PITA but doable........

So first I would call your lawyer...... tell him to put a fire on this since you have a million calls to make if the dates are changing (maybe they could comprimse and be out by the 29th or 30th..... The big thing is the moving truck...

Just saw that you dont have a lawyer..... hmmmmmmm I would first call your old landlord and see if you can postpone moving out..... explain the situation.... if they wont budge I would call the realtor and tell them your locked into being out of your place by the 29th (a little lie that gives you some time) I beleive since you have a signed contract (and mind you I am not a lawyer) you have the upper hand.....

Find out why they need the extention..... if it is becasue their new place isnt ready, then they need to suck it up and deal with their stuff on their own..... if it is a bank thing, and they cant get the money in time ( for their new place), then I think some other arragnements must be made..... IE you take possession of the house, before the closing.....

Good luck and keep us posted ((((((((((((((((hugs))))))))))))))

 

[Cindy B]

Actually its another STATE, over an hour away, with my daughter only being in half day kindergarten... by the time I drove her from PA to NJ and the day would be gone (over an hour each way..)


We need to leave by December 31st here, our landlord wants us out...

 

[annemariec]

Hi Cindy B.,

My first thought is the contract is signed for the 18th. It should be binding.

It's going to pose a hardship for you and your family. The agreement has been made and you planned for you and your children according to that agreement. If I was in your shoes, I'd stick to the original agreement. I'm pretty sure I would.

Oop. Wait a minute. I just saw where you posted one of their daughters is having surgery. I'm sorry to hear that. But I do wonder if they knew the surgery was needed while the deal making was going on. This is practically the 11th hour.

The need for surgery must have come up rather quickly, I guess. What a mess. I hope it all works out.

Annemarie

 

[CajunDixie]

I think I'd tell them $1000 a day to stay past the 18th...I think thats the standard around here for staying past the original date. Not only should they pay for your hotel but think about your meals...who wants to eat out 3 meals a day for 21 days straight? Blahhhhh my family couldnt stand it. In all honesty if the daughter is having surgery is it really going to take them from now until Jan 7th for them to be able to leave the hospital? If so, what happens on Jan 7th when something else happens with the same daughter? Call the realtor and tell them straight out you believe it has more to do with the holidays and that its not your problem.

 

[Cindy B]

I quick like talked to my boss about this (she's an attorney) she stated that they are legally obligated to adher to the date which they selected . (we let them select the date)

She said it is within our rights to say no, and continue on to the 18th.

Her thought was you went on thier schedule, their timetable, and you are changing things around for them. We could do a hotel, as long as it is in the same town as the school..

My boss also said you have changed your lives to make that deadline.. there are lost wages (mine since my last day of work in the 20th of December), storage fees, moving fees, hotel/meals, and the issues with the school district.

 

[Tiffany]

Even without a lawyer you and the other party had to sign a purchase and sales agreement, correct? The P&S should have a clause in it for this situation. I know ours did. We did have a lawyer draw up our P&S though. But a $1,000 a day is what was in our P&S. Hope everything works out for you but I would not change the date unless the other party at a minimum picked up all expenses that you incure due to the change in date along with an inconvence fee. Without a lawyer this might be tough to do but go for it. Wishing you the best.

 

[clutter]

If you WANT to be nice, you could offer to still settle on the same date, and they can pay rent (usual and customary is per diem at your PITI). It's possible to change a move date (I did when my buyers evaporated 3 days before settlement), although it's a pain. Plus, you could ask for a reduction in the price of the house. Depending on the price of the house, a $500 or $1,000 credit would be appropriate. Just don't forget to get a security deposit.

Frankly, your agent should be suggesting various alternatives.

 

[The Mystery Machine]

AAACK, I would say that they need to stick to the original date. I would probably enforce that first. If it is clear that their is a serious need on their part for staying in the home then they should be coming to you with their negotiations, ie an open checkbook.
Since the surgery is scheduled a couple of weeks away it appears on the surface that it is not a dire issue.

Good Luck that sounds like your worst nightmare.

 

[rbuzzotta]

Why can't they find a hotel????

We just moved last week. We asked the buyers of our house to extend up one more day! They said NO. We moved out on the date of the contract.

HOWEVER, they could not close the sale on the date of the contract because their bank messed up. NOW, we lost our lock in rate because we needed the cash to close on our new home, it has cost us alot of money!!! I hate to be mean and use legal action, but...........that is what we are now pursuing. We are still under our construction loan and don't think we will be able to get a low rate that we were locked into before!! They finally closed on the house 2 days later!

It's a big mess!!

Wishing you the best. Whether you have an attorney or not, you have a legal binding contract. Make them stick to it!! You are sacrificing enough!! I am sorry their little girl is sick but I have now become bitter over extensions in P&S's etc....