My husband and I started working with him in August on the sale of our coop and the purchase of our new home. During inspection, it was uncovered that the house we were purchasing had an underground oil tank, which was a concern. We wanted to work out a deal with the homeowners to handle the matter b...efore closing. Sean kept insisting that the oil tank was to be removed, while our realtors told us that the tank was to be abandoned. My husband and I both agreed that we would not sign the contract until we knew what exactly the terms were. It turned out that our realtors were right - that the seller’s agreed to abandon the tank at 50% cost, which we were fine with. We just made it clear to Sean that we wanted the proper documentation at closing to show that the work was done properly in the event we chose to sell the house in the future. We had received our offer on our coop weeks before we made an offer on our house and it was accepted, but somehow we signed the contract on the house first. My husband and I were very vocal about our concern over this and we questioned the delay with the buyers of our coop. Sean was very nonchalant about this and was very lax in his communication with the buyers’ attorney. They didn’t sign the contract until well over a month after the offer was accepted. He assured us that the closing would have to be at least by December 15th (30 days after) or we could “take action.” We knew we would be closing on our house by the last week of November and we were okay with owning the coop for 2 more weeks in the worst case scenario. I contacted Sean about my concerns over a SIGNIFICANT increase in closing fees from my bank just 10 days before closing. Over email, he explains to me that as a homeowner, you need to pay taxes and insurance in advance, like I was an idiot. I thanked him for the explanation and assured him that I was aware, but the initial closing amount I was given by the bank had increased by nearly ten thousand dollars that I could not account for. At that point, he stopped answering my emails. He inquired about it days later and I told him that part of it was an issue with the bank that I had resolved on my own, but there were still 3 thousand dollars in unpaid property taxes that didn’t make sense. Once again, he provided no explanation. We were due to close on the Monday after Thanksgiving weekend and on the Wednesday before, I received tons of texts and emails from him. Each time, he gave me a different amount I needed for closing due to things he forgot or left out. He told me the errors are because we’re closing the day after a holiday and everyone makes mistakes because they are in a rush to start their vacation. I thought that was extremely unprofessional but I didn’t give it too much thought. I was just happy to be half way through this process. At closing, it was revealed that we were owed about three thousand dollars, the money I had brought to his attention earlier. Sean took all of the closing documents with him and told us that he’d scan everything and send us all of our documents in a package along with the money that was owed to us ASAP. The next day, I emailed him to make sure that he had the documentation we needed for the oil tank abandonment in the paperwork from the closing. He did not reply. It turns out that he did not have it and it isand it is now middle of January and we still do not have the documentation. In addition, we received a water bill for the house middle of December, which had no readings since the home was purchased and stated that it was a previous balance on the property. When I called the water company, they told me that this should have been handled by our lawyer at closing, that I need to get in contact with him ASAP, and that they hope our lawyer kept money in escrow. I emailed him right away with a description of what the water company told me and a picture of the water bill.
Sean Constable
Replied last January 15, 2019
I am sorry that you feel I didn't perfrom my job well. I pride myself on being responsive to my clients needs. I feel that there were miscommunications between us and wish you would have addressed any concerns when they happened. Perhaps I wasn't clear enough in explaining some of the delays and certainly with co-ops there can be more than a private home sale. As for the sale and refund of the property taxes, your closing statement and documents were mailed in the middle of December. I spoke with the title company who issued the check to refund the taxes and they confirmed that the check was cashed by you. So any notion that money has still not been paid is simply not true according to my information. Once again, I am sorry that you did not have a good experience with my office.