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April 29, 2009
What Could Be Taking So Long?
We put an offer on a house that we love a ton about a month and a half ago. The owner accepted but we are still waiting for the contracts. The owners mother died shortly after the offer was accepted causing us to be very delicate about trying to push things or get information. There has been some indication that the mother was on the deed or something of the sort, but we and the RE agent seem to be operating largely in the dark. We do know that there is some bit that needs to be worked out between the RE attorney and the Estate attorney. My main question is, what is likely the issue and how long are we looking at. I am worried that all the conditions that make this a really great time for us to buy will shift and make it a less great time to buy. If we need to, we can move on, but we really do love the house. Any attorneys or people that have dealt with similar situations?
Comments
I have no idea but, I don't think anyone knows. Least of all, the broker.
Do you have an attorney and a line of communication to their attorney? That would be the person to ask without hounding them in their hour of sorrow. I'd skip the broker if you can and get your lawyer talking directly to their lawyer.
Posted by: serpentor at April 28, 2009 5:28 PM
Push to get some clarity. Pull up the deed yourself on ACRIS and see whether the mother is on it. If mother is on it and is now dead, title transfer may have to wait until the will is probated. Get your lawyer to ask a bunch fo questions of sellers to get some tangible answers. You need to know how to proceed. If seller remains super coy, walk away. It's a sign of trouble.
Posted by: slopefarm at April 28, 2009 5:30 PM
Agree with serpentor. broker will muddy the communication.
Posted by: slopefarm at April 28, 2009 5:51 PM
Get an attorney and have him speak with the seller's attorney. That's the only line of communication that is typically open anyway.
Posted by: daveinbedstuy at April 28, 2009 6:37 PM
Slopefarm's advice is best. There are a number of factors that may be figuring into picture, including whether the mother was on the deed, left a will, whether there were other legal documents and instructions, who was named executor, the number of beneficiaries, the number of blood relatives, whether the relatives can be contacted...the list of potential issues and complications is not quite endless, but can be extremely long. The seller's attorney might or might not be coy, depending on legal documents and relative interests (or conflicts) of family and beneficiaries.
Posted by: vinca at April 28, 2009 8:57 PM
Skip the Broker? Hmmm,you didn't say who the broker is representing, I will have to disagree with the others but that's the broker's job. In my experience, many Real Estate lawyers could care less about moving a deal along - a competent broker who's also waiting for his/her commission should be motivated to get things moving. One and a half months is a long time even for bereavement. Life moves on.
Posted by: Crownlfc at April 28, 2009 9:09 PM
You can press the broker to look into it if he is working for you.Do you have an attorney who can request the contracts?They would normally handle these situations.
My guess is that if the deceased mother was on the deed it can be stuck in probate. I had a similar situation when I bought but the seller NEVER disclose that. However this was after we had signed a contract and the closing was held up by them for several months. I hung in there though until it all came together.
Posted by: argentina at April 28, 2009 9:46 PM
OK, here's my full take on skipping the broker. We were involved in a purchase in which title turned out not to be really where it was supposed to be. We received vague reassurances from the broker early on that were not necessarily misrepresentations, but on which we should not have relied. Brokers want to keep the deal together and do not want you to be nervous, and will speak very cautiously and may not be fully informed in any event. Pointed questions about title issues and seller's intentions from lawyer to lawyer will either get you real responses or or real reasons to be concerned. Don't be shy about this -- you need to know if the deal is going to happen and how long it will take, so you can make an informed decision as to whether to stick with it or start looking. YOu might want to look around a bit even if you stick with this one for a bit, so you have a sense of your options.
Posted by: slopefarm at April 29, 2009 9:21 AM
I don't think it would be indelicate at this point to put in a call to the sellers, coincident with lining up your attorney to call theirs. The thing is that each attorney is likely receiving a flat fee for the sale and does not have an incentive to make this a priority. However, the sellers should want to keep their buyer despite their present grief. You can apologize for the intrusion but make it clear that the limbo you have been left in is making you feel uncertain that the sale will happen. If they are at all reasonable they should understand and be willing to give you an update. At the same time, it is also important for your lawyer to gain an understanding of any legal complications that may be presented by the mother's death.
Posted by: supersleuth at April 29, 2009 4:08 PM
We also once went through a terrible process, where we were (we thought) in contract for a house but it turned out the broker had not done their due diligence and a result, we found out late in the game (after our lawyer had been negotiating the contract, prior to signing) that the owner didn't really have clear title to the house. You need a good lawyer to cut through and find out what the deal is (ours discovered the problem when researching title). Good luck!
Posted by: Miss Muffett at April 29, 2009 4:45 PM
At the end of the day, it’s the broker's job to find out from the sellers or their lawyer. Lawyers will sit on their backsides unless they are pushed. We will all go through a family bereavement at some point but life goes on. The broker should find out whether it's in probate, the sellers have changed their mind, or they need another 6 months to grieve - fine, but it’s only fair that you know so either way, you can move on.
Posted by: Crownlfc at May 3, 2009 5:39 PM
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