Real Estate Law
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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?
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.
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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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?
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.
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:
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