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Seller missing closing twice now

Hello, looking for advice or maybe just venting.

Me and my husband have been under contract since March for a house we love. This is our 3rd house, 2nd under a VA loan.

We made a strong offer on a house (full asking price!), but requested pretty reasonable repairs. We only asked for the items which required licensed contractors (very minor things such as a couple electrical safety items), pool repairs (liner replacement), and anything that the VA appraiser flagged as a ‘must be fixed’. Receipts required to be delivered three days prior to final walkthrough.

We seller readily agreed and said it all sounded reasonable. We were pretty excited as we knew the pool liner would be a high dollar item, but the seller probably knew we’d push for price adjustment, because no one would buy the house with the completely trashed liner.

We agreed to 60 day closing to allow time to sell our old house and get the repairs done. We sell our house very quickly, so seemingly everything was going as planned.

Throughout the following weeks and a couple weeks before closing, we checking every couple weeks to make sure everything is on track. One week before closing, we ask if we are on schedule to have final walkthrough and appraiser final inspection. Seller stated on That Friday that everything would be ready for inspection and walkthrough on Tuesday.

Well, Tuesday comes and we are told approximately midday that seller is not ready. We are shocked and annoyed, but try to work out an early occupancy agreement so that we are not homeless at the 11th hour and do not lose our deposits on movers and utility transfers.

The seller verbally agrees to early occupancy on what would be Friday, a day after the original planned closing. New Closing to occur the following Monday. Our realtor drafts up the paperwork, sends it to seller, then we don’t hear anything until the next day. Apparently the seller said their insurance provider said it was too large of a risk to let us move in early. I don’t know if I believe that.

We. Are. Pissed. We. Are. Homeless.

Our agent works to ensure we get compensated for the deposits, extra living arrangements, and requests repair receipts now that things seem fishy. Also request to leave some money in escrow since we still lack receipts. The seller only agrees to half the costs and no escrow. Fine. Douchey since it’s entirely his fault, but fine. Let’s just sign this stupid addendum and get this over with. Apparently seller’s agent is also pissed with him and quits on him. Now communication is through the broker.

Still pissed. Final walkthrough now supposed to be 3:30 Friday, inspection and appraiser review Friday morning.

Two hours before our final walkthrough, our agent calls to tell us seller failed the final appraisal inspection and final walk will not happen, so we cannot close on Monday. The repairs were simply not done. Around this time, the sellers agent cools down and starts working with him again.

Meanwhile, a couple receipts FINALLY trickle in. Date of purchase is THE DAY CLOSING WAS SCHEDULED FOR. Delivery set for Saturday . This means he never could and he not intentions of meeting either walkthrough or closing which was scheduled. Also notice that one of the ‘receipts’ is from ‘Acme Co.’. No phone number, not name, no itemized list of work. Shockingly, the pool repair for the liner, the most expensive item, was actually done.

Definitely pissed. My kids are getting anxiety from the upheaval. Talking to a lawyer sometime next week.

What do we do? We want the house, but also want to not be homeless. I don’t feel confident that we can get any satisfaction from litigation other than just more costly waiting. We do know the guy owns several small side businesses in town, so has liquidity to put lean against if it comes to that.

submitted by /u/BananaTwinkie
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source https://www.reddit.com/r/RealEstate/comments/gtr3fj/seller_missing_closing_twice_now/

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