Last week on Friday 4/15/2016 i closing my new home at 11:00 Am , all paper work done , then i go to the builder to pick up my home key, but the bank called me and said i can move in due to appraisal guy he quitted they not completed his paper work, so they have to do appraisal again, they said i should pick up my key on tuesday, but to day i said could be thursday , i so mad so what can i do now ? should i sue them, please help me,
Thanks ,PETER VU
Not yet. You just hold tight a little longer. If you are upset about a week or two, then that's understandable, but that's less time than the other side would even have to answer your lawsuit if you sued. They have "20 days, Monday next from the service of this petition" to answer. So if you sue, they won't even respond for another month, then you get a scheduling order, with months of discovery, then pre-trial motions, then trial. With a lawsuit you're looking at maybe a year or more. So, you should only sue if they drag their feet for a really long time or they just flat out refuse to close. Then you take them to court and make them close. Right now, you should probably have your attorney or real estate agent put some pressure on them to lower the closing costs or give you some sort of deal due to the delay. Use your anger with the situation to get a better deal, you can threaten to sue, or just complain on yelp or to the Banking Commission or something, but really just use it to knock some off the price tag.
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This is unfortunate for you. I assume that they are expediting or speeding up the appraisal to get it done as soon as possible. Suing is generally a last resort. You can ask them for storage or moving delay expenses. They can always say no, but if you present to them that you are out money for the delay, perhaps they will try to work with you.
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