Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago,

User Stats

1
Posts
0
Votes
Shelly Hastrich
0
Votes |
1
Posts

Seller breaching contract, now radio silent

Shelly Hastrich
Posted

I'm at lost for words. We put a contract on a home Jan 6th contingent on the sale of our home. The home we put a contract on has a trailer on the property and it was in the contract that it had to be removed by the seller. Our bank also said it had to be removed in order to close. We sold our home right away. Closing is scheduled on both homes April 2nd.  Feb 23rd we find out there's tenants in the trailer and he failed to give them notice. Property Disclosure states no one lives on the property. (The house itself is vacant. The tenants Supposedly "lawyered up" and want 90 days. Supposedly the seller offered them all these great options to try and get them to leave and they won't. We asked for preoccupancy since the house is vacant until he can remove them, this way we can close on our house. He verbally agreed to let us in on March 28th as well as agreed to pay our rate late extension fee. The seller and his lawyer have pretty much been mostly silent since then. We have not been able to get them to get the preoccupancy agreement in writing and get us in the house. All of the problems wrong with the house that he was suppose to be fixed have not been fixed yet. The septic for the trailer (not the house) is leaking into the entire front yard of the property. One of the large outbuildings that we need is filled with trash still. Our lawyer literally calls his lawyer daily and gets either no response or an email that's not answering our questions. Obviously we can't close Friday because my bank knows what's going on and won't allow it. My buyer knows what's going on and is willing to wait a LITTLE while but he wants his house. Can't blame him. My lawyer sent a preoccupancy contract over to the seller's lawyer in Monday and we STILL haven't heard anything. I have no idea what I'm suppose to do. I'm devastated. The market out here sucks and this house IS the house. My home is sold and I run a home business so I can't just rent or buy anything. I'm literally sick. My lawyer said I have to wait 30 days until after closing to do anything!!! How is that even possible??? Didn't he Beach the contract already by lying about the tenants?? If I wait 30 days, my family won't have a place to live!! This can't possibly be right. 

Loading replies...