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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience:  Over 13 years experience in civil law.
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paid on the house appraisal for the mortgage company to send

Customer Question

paid on the house appraisal for the mortgage company to send someone to do the inspection. however, when they went over, the electricity was not turned on by the condo management company. so they have to go back again. today is supposed to be the closing date. they went back to do the inspection on Wednesday this week. I have not received the second apprasal. i made many phone calls to coordinate the efforts. now i am asked to pay for the second inspection. On top of that, i have not been notified the final closing time yet. my questions are: 1) should i pay for the final inspection, $100 dollars than we previous agreed upon? 2) should i rush to go to closing on a few hours' notice, or should i put the date back? 3) my locked in rate expires today. and i do not plan to move until June 1st. i think that they can re-do the caculation and push the date back.

i have not bought a house before. Are all closings this rushed. I just do not like the feelings of being pushed around.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

1. Was the condo management company on written notice as to the time and date of the first appraisal inspection? Whose name was the electricity in at that time? Who is the seller and why did they not turn on the electricity?

 

2. What clauses are there in the purchase agreement that talk about what happens if a timely appraisal is not completed or if there is a delay in the closing? In summary what do the clauses say?

Customer: replied 3 years ago.

The electricity was under the seller's name. Who should notify them with a written notice of the first inspection?

 

the clauses said that closing should be in 30 days, but they would work with the buyer to make the deal happen. I think my mortgage company goofed up. this is how they answered ( i do not know whether it is a legitimate answer):

The loan approval always stated a re-inspection was required. We had no way of knowing until the actual appraisal was received that the utilities were not on and operational.

The first appraisal was done on 4/28th. they sent me a copy and i signed on it. on 5/3rd late at night, i got a call saying that they needed to go back in to inspect again because on the first appraisal, it noted that utilities were not on.

 

i feel the whole efforts are not well coordinated. the original closing time is in 3 hours. but until this moment, i do not have any notice yet.

Expert:  Maverick replied 3 years ago.

I would suggest that you go to the closing and ask that the closing be postponed and that the seller pay the $100 to do the second appraisal since it would appear that the seller had a duty to keep the electricity on for the inspection. He would have known when the inspection was going to be since someone had to get the keys for the inspection from him.

 

If the seller agrees to postpone the closing but refuses to pay the $100, then you can pay it and sue him for negligence or breach of contract in small claims court to get it back.

 

Ultimately, it appears this is the seller's fault and if the contract falls through or you have to pay a higher rate, you may be able to sue the seller for breach of contract or negligence.

 

 

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Customer: replied 3 years ago.
Verbally, i was told that 12:00 pm closing won't happen because they are still working on the last minute paperwork. so it very likely will be postponed until 4 pm. should they expect me to get a few hours' notice and cut a check and drive over? Or should i ask them to stop pushing me around and just postpone the closing to next week? is it common for them this rushed? thank you for your help.
Expert:  Maverick replied 3 years ago.

You need to inform them in writing and over the phone/fax that you do not have approval for your loan yet because the second inspection has not been completed since the electricity was not on the first time. Tell them that they need to postpone the closing until the inspection is completed properly.

 

There should be a clause in the loan documents that makes the closing contingent upon your obtaining an approved loan. What is your lender's position on all this?

Customer: replied 3 years ago.
I do not know the whole process. i thought i had the loan approved already, which i applied in early April. then there came the inspection issue 3 days before closing. is the loan approval contingent on the final inspection? they said that inpection was completed yesterday, but i have not got a notice yet. of course the lender wants to close it want very much to push it through. but now it is almost 12:00 pm, i have not got an answer yet. they want to push it to 4:00 pm today very likely and give me a two-hour notice. should i comply? or should i ask them to re-do the mortgage calculation and close next week? Thank you for your help.
Expert:  Maverick replied 3 years ago.

The lender is the one that needs the loan appraisal to make sure that they are not lending money on a defective home. So, if they are saying that it was done and they are willing to loan you the money, than that should not be your concern.

 

If you have questions about the quality of the home, you may have wanted to hire a home inspector of your own to make sure the house is in the condition that it appears to be. If you have not done this and it is a concern, then you may want to consider postponing the closing. However, this is something that you probably should have had done long ago.

 

How you act on this information is up to you as due to the limitations of this site, we are not permitted to give you legal advise. You would have to speak to a local real estate law attorney who has the benefit of reviewing all closing docs before recommending a course of action.

 

 

Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience: Over 13 years experience in civil law.
Maverick and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
it was none of the above. i am fine with their appraisal. it is that we agreed upon the appraisal charge; then since the utilities were not on, they had to go back the second time. now they are charging me for this additional feel. I just want to figure out whether i should be paying for it. thanks.
Expert:  Maverick replied 3 years ago.
You should pay it and seek reimbursement from the seller or ask the seller to pay it since it is his fault.
Customer: replied 3 years ago.
I signed on the paper and the house is settled. and I paid the $100 additional that should not be my responsibility at all. how do I take them to small claims court for the $100 plus your fee, plus all the unfair push-around? thanks.
Expert:  Maverick replied 3 years ago.

You can file a negligence claim, breach of contract claim, and /or a torturous interference of contract claim in small claims court in PA. You will have to plead facts supporting each type of claim. Use the links below:

http://www.nolo.com/legal-encyclopedia/pennsylvania-small-claims-court-32087.html

 

 

http://cecp.air.org/interact/authoronline/february99/3.htm

 

http://www.ehow.com/list_7606840_elements-breach-contract.html

 

http://en.wikipedia.org/wiki/Tortious_interference

 

 

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