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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38212
Experience:  17 years real estate, Realtor. Landlord 26 years
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I have a property under contract. Thr seller continues to

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Hello, my name is ***** ***** I have a property under contract. Thr seller continues to give me hard time about access
JA: Where is the property located?
Customer: Philadelphia
JA: Has any paperwork been filed?
Customer: Yes, we have a contravct the say
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have a legal contract which clearly states that I have access to the property at anytime along with my contractors.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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What is the seller doing to interfere with your access? Are they preventing it entirely?

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Does the seller require advance notice, like 24 hours, before any entry?

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Are you just inspecting for future work, or actually working on the building before closing?

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Is there an inspection contingency in the contract?

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thanks

Barrsiter

Customer: replied 27 days ago.
I have the property under contract and will be rehabbing it. The contract clearly states that I have access along with inspectors and contractor. Closing is Tuesday and I have gotten 2 estimates so far that delayed my progress because the seller could not be there and I had to wait days. He does not want a lockbox because said we might steal. Therefore, whenever I need to let a contractor in to give me a bid, I have to wait to find out if he is available to give me access. He his in breach of contract. He does not require 24 hour notice, which I have given anyway.

Ok. if the contract states that you are to have unrestricted access, then yes, he is in breach of the contract..

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But what do you want to do here? If you close on Tuesday, then it will be a moot point because you will then own the building and can come and go as you please...

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Barrister and other Real Estate Law Specialists are ready to help you
Customer: replied 27 days ago.
I want to get in tomorrow because I have another contractor coming out. I have not gotten the contractor for the rehab as of yet. When I close I would like to already have the contractor in place. It is my right,
Customer: replied 27 days ago.
Cancel my call

Ok, so is there a realtor involved who has a key? Or is there a tenant there who has a key to let you in?

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What does the seller say when you try to contact them to tell them you need to have access tomorrow?

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If you had to ballpark it, what would you estimate this has cost you in delays in a dollar figure?

Customer: replied 27 days ago.
The realtor contacts the seller and the seller said that he can not be there on days I need based on the contractors availability. I am not sure how to calculate the loss, because I am behind schedule due to this situation. I don not want to still be searching for a contractor when I close. That means my rehab will start later then I would like, which means I would pay interest payments longer then I expected.

Ok, the only way something like this is resolved is if you sued the seller for breach of contract for not allowing access as the contract requires. But you will have to put a number on that for damages....$500.... $5,000... $50,000.... if you want to hold the irritating seller liable, you have to come up with some amount of money damages and then sue.

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But if you need in tomorrow, and the seller is being a jerk, then you could threaten to file suit on Monday for breach of contract for all the delays and extra money you have to spend due to being behind on your schedule.. That might make the seller reconsider and just give a key to the realtor to let you in.. I mean you are 4 days from closing so I can't grasp what the seller is worried about here...

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thanks

Barrister

Customer: replied 27 days ago.
ok, is it possible I could calculate my loss by comparing one estimate vs another estimate that I may have gotten before I started the rehab. Or that I could not have hired a contractor who could have possibly been cheaper but was not able to get in because the seller would cooperate and was later hired by someone else?

You can come up with a number however it makes sense and you can explain it to a judge if you sue the seller. But it has to make financial sense...as in contractor rates are going up, or materials have gone up since the hurricanes, or something else.. so that you can justify whatever amount you pursue the seller for.

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So yes, whatever you can use to logically prove that it is costing you more than it would have if the seller hadn't been in breach would work..

Customer: replied 27 days ago.
ok thank you. This was very helpful.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister

Customer: replied 27 days ago.
Will do, you have a great evening as well!