Forum Archive: Posts by: Queenie

Any and all advice will be appreciated…

Short story: I put an offer on a Brklyn house in July, offer accepted, contracts signed, 10% deposit put in escrow. Closing date set 45 days from contract signing, closing cancelled when title search pulled up two minor issues: outstanding hot water violation; old outstanding mortgage from decades ago.

Over the course of the last 5 1/2 months the seller’s attorney and real estate broker (seller’s, I don’t have one) have barely lifted a finger to move this deal along. I call/email the real estate broker a few times a week to ask what is going on (I do not contact the seller’s attorney, I’ve been advised no to). Little to no response, save for the explanation that “these things take time.” I’ve tried encouraging, pleading, expressing impatience, frustration, anger and telling broker that I will walk away from purchase and then they make small baby strides one week, then again, nothing. A few months ago I received a memo via my attorney outlining two issues that we knew about and what was being done (amounted to an exercise in semantics). This is taking so long that I am honestly wondering if these minor title issues really do take this long or if these the seller’s attorney and broker are such idiots that they will drag this thing on forever and not know how to resolve issues and close the deal!

1) HOT WATER VIOLATION: Have Dept of Housing come in a inspect violation, several inspections have, allegedly, been set up and cancelled (yes, formal letter of request was submitted). The main reason I was clued in to the selling team’s cluelessness was because they were talking for a few weeks about making sure the oil tank had oil and the gas was working…. after trying to tell them that this house uses oil/gas for cooking and electricity for water, I eventually called Keyspan who confirmed this for me). The seller’s team seemed surprised that I was able to make this call and figure this out! I then paid for a plumber to go to house and fix boiler to ensure that when inspector arrived it would work. Broker met me at house, again seemed clueless. Con Ed told me there is a work order pending to turn electricity off b/c of non-payment. I have told seller’s attorney and broker repeatedly to pay off this bill (under $1,000) so that when city inspector does show up, it will all work and we’ll be done with it. They have told me that all bills will be paid at sale… !

2) Outstanding mortgage with what was previously Chemical Bank from a few decades ago. Seller’s attorney claims they are having a hard time locating the paperwork for said mortgage to clear it up. This baffles me….

Details to note:
1) This is an estate sale. The owner of the home (which had been in her family for several decades) passed away earlier in the year. The family member managing the sale is elderly and living out of state, I have not met her, and only have her name, no contact info.

2) The only thing that actually makes me think that the selling duo isn’t playing games and actually wants to sell me this house is that each month when my low, locked-in mortgage rate the seller’s attorney pays the fee to extend it.

3) Yes, mortgage rates and house prices are dropping. But, apart from 10% deposit I have sunk thousands of dollars in lawyer’s fees, inspections fees, etc. I’ve stuck with this insanity because the house is a very good deal and I’d actually like to purchase it.

4) My attorney isn’t able to get answers from either the seller’s attorney or the real estate broker. I’ve had everyone from my mortgage broker to the bank’s attorney (both wonderfully professional) call the seller’s attorney to offer their help, mostly to no response. Part of me wonders if my own lawyer is just not aggressive enough?

Any advice how a very frustrated first-time homebuyer should handle this situation???? Thanks!