Feedback on E-mail I am considering writing buyer/investor

[Chris Swindle]

Hi all,

I'm brand new to BP but was hoping to get some feedback on an e-mail I am considering writing to an investor/buyer team who I have an agreement with to assign a contract to. 

The facts are pretty much as follows. The property is a lot and I got it under contract way back in September for $50,000. There was a lot of interest on the lot and I accepted an offer from these investors for $62,000 the week I got it under contract. I have a December 15th closing date. The investors were cash buyers and willingly to close immediately on the lot, which, of course,I was pleased with. However, before being able to proceed with the closing, it came to our attention that the seller had some title problems (obviously, 100% not the fault of buyers/investors). 

This obviously slowed things down. There was a lot of back and forth between me and the seller and he was very reluctant to fix these problems at first ($). However, I worked with him and eventually convinced him to do so. I found a lawyer for him and set up all the meetings. All told, it took almost two months to get this done. Finally, at the beginning of last week, the title issues were cleared up and the property was ready to close. I have been using the lawyer that the seller used to get the title fixed. The buyers/investors have their own lawyer. I had let them know we were ready to close by this past Friday. The lawyer I was using had pretty much everything set up to close, just needed the buyers' information. They wanted their lawyer to do an independent title search. I have no problems with that, but they didn't really tell me to last minute, so it delayed closing. They wanted to push it back to yesterday, and again, I was fine with that. 

Turns out, on Friday, their lawyer did the title search of the wrong property. They said they would have to do another one for yesterday. I ask them if we can still close on Monday afternoon (changed from Friday - and we've been ready to close since Tuesday/Wednesday of this week). They don't even respond to my e-mail asking about still closing on Monday, which kind of ticks me off, but I understand that they want their lawyer to do an independent title search. Finally, I get a text from them yesterday saying that the title checked out but now they think they want to close this Friday (a week after we originally agreed on closing). During this time, my seller is calling me every day (basically since Monday of last week) trying to see when we are going to close, I told him last Friday (original date) and now he is starting to get ticked. I finally let him know by end of this week. Anyway, long story short, I am considering writing an e-mail to the buyers/investor and would like some feedback on it. Below is the e-mail. The buyers/investors are Chris and Tom. The attorney (the one who fixed title issues) I have been using is Bill. Mike is their attorney. Also, I forgot to mention, I dropped off a new assignment agreement at their office last Wednesday (Nov. 30) which they were supposed to get back to me ASAP for the Friday Dec. 2 closing. They still haven't gotten it to me. Also, what I say about me closing the lot is true. I am ready, willing, able to do so. Please thoughts on e-mail would be helpful. Thanks!

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Chris/Tim

I still haven’t gotten the assignment of contract agreement that I left with you all on Wednesday (November 30th). Our agreement depends on me and Bill getting that document. Since I have not received it yet, I am of the opinion that we do not have an agreement at this moment. I am still willing to assign my rights in the contract over to you guys, but time is of the essence as I have made a commitment to Mr. Sanders to close the deal by the end of this week. In order to close with Mr. Sanders by the end of this week, you guys will need to close by Thursday at the latest, so, if something falls through, I can go ahead and close on Friday.

In order to be able to close on Thursday, here are how things need to play out. Bill will be handling the closing and the HUD statement. Mike is welcome to work with Bob and to review the final HUD document to ensure that the necessary items are included from your end. Please have Mike coordinate with Bill so Bill can have enough time to complete this document. Bill also needs a copy of the assignment agreement between me and you in order to proceed. As our agreement is dependent on Bill getting that document, if he does not, our agreement ceases to exist. It is important that he gets the assignment agreement as soon as possible, but please send it to him by Wednesday morning at the latest. Bill also needs the money for the purchase price + his fee for the closing to hold in escrow by Wednesday afternoon.

Time is of the essence in these matters, as I need to be able to complete the closing in the event that you decide not to continue with this deal. As such, it is very important that each step be completed by its deadline, otherwise our agreement is no longer in effect. Additionally, if you guys would like to proceed subject to the above-mentioned terms, Bill and I need confirmation of this by 9 AM Wednesday morning, otherwise I will go ahead and close Wednesday afternoon. Thank you for your timely attention in this matter.

Chris

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Thoughts?