Skip to main content

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

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

    Nothing comes for free.


  2. 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.


  3. Explore your options with your real estate lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.