I own a house in Broken Arrow, OK (a suburb of Tulsa, OK) and I have had it under contract since Feb. 6th with an expected closing date of March 10th. Initially, the buyer hired a general home inspector to look over the house and the general recommended a structural engineer be brought out to confirm that the piers had been installed properly. I extended TRR time to allow for the structural engineer. The structural engineer had concerns about my chimney and required me to either install piers or produce evidence that piers had been installed and were under warranty. The structural engineer also required a plumbing leak test be done to ensure no plumbing leaks.
Now, the leak test showed no leaks and I spent a good amount of time tracking down previous owners (3 owners ago) who had the piers installed. The piers were installed by Olshan and they have a lifetime warranty that is transferrable to the new owners. I informed the buyer and the buyer told the structural engineer who then said that Olshan piers were "not good enough" and that they need to be replaced with new piers. I challenged this because #1, the engineer himself says the chimney does not need any adjustment, he just wants there to be a warranty on it and #2 because I don't think a structural engineer has any right to say that a seller can only use Brand X piers...especially when there is not adjustment needed.
After many rounds of my refusing to pay for new piers that were not needed the finance company agreed to not require the structural engineers signoff if I could get them the Olshan paperwork explicitly stating that the piers were warrantied...I got that for them and then they decided that the house needed to be physically inspected by Olshan, so we did that...then they required more paperwork from Olshan but that after I got that for them we would be clear to close but the original closing date had passed so I had to extend the contract, which I did...and then after all this was completed now they tell me that the finance company still requires the structural engineer's signoff, and now the engineer is saying that he will not do it because I have two different brands of piers and that is not acceptable.
The buyer's realtor has told my realtor that they have pleaded with the engineer to signoff but he will not do it.
I do not see any justification for the engineer to say that it is unacceptable to have two different brands of piers...especially since no work is needed and this is apparently just a fight for a warranty. I am concerned that the buyer is going to cancel the contract and they will expect their earnest money back. I do not think that I owe the earnest money back to them because I have agreed to all requested repairs (already completed them!) and I got the warranty to meet the requirements of the structural engineer's report.
Any advice on how to handle this exceedingly frustrating situation?
It feels like the engineer is either colluding with the piering company in order to get them work or he has a personal grudge against me or my realtor.