How can/should my attorney help in this matter? When is the right time to ask for concessions?

Asked over 1 year ago - Ithaca, NY

I'm buying my 1st home. Contracted closing date was "on or about" 6/28/13. Seller is having issues getting ex-wife's help to remove a lien. The contract included language promising clear title. In preparation for the big move, I gave my landlord notice to vacate 7/31. Now I fear we will not close in enough time to clean the rental, prep the new house (radon mitigation, replace hot water tank, etc.) & move everything w/minimal help. We could possibly be homeless on 8/1. To make matters worse, on 7/2 the basement flooded in our current rental & we are literally living around boxes & mold & mildew and no relief from the landlord. My agent tries to placate me w/words vs. actions. All he can say is the seller is broke & has nothing more to offer. I know for a fact this is not true.

Attorney answers (3)

  1. James K. Lyder

    Contributor Level 11


    Lawyers agree

    Answered . It is common in cases like this that a portion of the sale proceeds sufficient to cover the lien is placed in escrow at the closing and the deal closes subject to it. When the lien is cleared up post-closing the escrow is released.

  2. Jayson Lutzky


    Contributor Level 20


    Lawyers agree

    Answered . Explore your options with your real estate lawyer.

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  3. Alan James Brinkmeier

    Contributor Level 20


    Lawyers agree

    Answered . Have you considered injunctive relief? Declaratory relief? Are you willing to pay?

    Nothing comes for free.

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