Mr. Opera just called. When we bought our house, we agreed to take possession 5 days after close (this Sunday). He just spoke to the sellers, and they said not only will they not be out this Sunday, but that also they don't even know if they'll be out by the weekend we're supposed to move!!!!! What in the world do we do? We can't move the weekend before Christmas with 2 kids. I wish we'd never bought that *&$@ house.
space opera
[ December 06, 2004, 06:48 PM: Message edited by: Space Opera ]
Posted by mackillian (Member # 586) on :
is that legal?
Posted by rivka (Member # 4859) on :
Oh no! Do you have a signed agreement stating that they will move out five days after close? (Wait, why are they moving out AFTER the close?)
What does the realtor say?
Good luck!
Posted by Dagonee (Member # 5818) on :
I'm confused - have you already closed? Does the sales contract specify both the closing date and the date of possession? Does it specifiy rent?
A lawyer is very likely to be able to help you out with this.
Dagonee
Posted by sndrake (Member # 4941) on :
I'm so sorry, Space Opera.
Do you have a lawyer to check over the contract to see if there's anything you can do?
Posted by TMedina (Member # 6649) on :
Talk to the realtor - they may not have the option to "not be out".
Best of luck Opera.
-Trevor
Posted by Lost Ashes (Member # 6745) on :
Charge them $200 a day for the overstay. We had to do that on our current house when the sellers were slow in moving.
On New Year's Day, their stuff went out the front door as our stuff came in the back door.
Just remember, after the deal is closed, the house is yours. Right?
Posted by TMedina (Member # 6649) on :
It might be a tad extreme, but you can have the sheriff evict them for tresspassing.
-Trevor
Posted by Synesthesia (Member # 4774) on :
*tissue* That sucks!
Posted by Space Opera (Member # 6504) on :
Oh man. I just called the seller myself. I was actually pretty calm, but I was very honest with him about how upset I was. The problem seems to be that their own seller is dragging his feet on moving out, so of course that affects us. They will have to pay us a daily fee according to the contract - but we all know how little that makes up for the stress and having to change plans. Anyway, I reminded him that he gave his word that they would be out in 5 days and that with 2 small kids it was very important for us to move on time. He in turn said that even if they had to get storage and rent a motel room that they would be out on the 11th. I don't know whether to believe him or not, but it was a good opportunity to be "personal" about the situation so that we aren't seen as a faceless entity, know what I mean? I told him that while we'd rather have possession this weekend, next weekend would be acceptable, and that the big concern was being able to move that weekend. I went into how we've notified landlord, kids' schools, hubby can't take extra time off work, etc. I don't cry very easily, but this situation has me completely stressed out. Thanks, guys, as always. You're all the best.
space opera
Posted by Dagonee (Member # 5818) on :
<nevermind>
Dagonee
[ December 02, 2004, 06:03 PM: Message edited by: Dagonee ]
Posted by rivka (Member # 4859) on :
Sounds like you're handling a sucky situation with grace and aplomb -- and being more than fair. (((((opera))))) Hope everyone gets to move on time!
Posted by BannaOj (Member # 3206) on :
Isn't moving one of the most stressful situations in life's existence other than like weddings and funerals?
AJ
Posted by Telperion the Silver (Member # 6074) on :
What the hell???
This doesn't sound legal. I think this happened to a friend of mine. I'll call him and see what they did... brb..
(((Space Opera)))
Posted by Telperion the Silver (Member # 6074) on :
AH ha... just read your new post...
Hotel and storage...that's good. I think you can believe him.
And just in case things don't turn out that well, you can at least use the money from the delay fee to put your own stuff in storage and get a hotel room. Doesn't get rid of the stress though... *hugs*
Posted by Space Opera (Member # 6504) on :
I just talked to hubby again, who talked to our realtor. I guess our realtor is REALLY pissed off. He called the seller's agent (who is also their daughter) and said, "Some people are just liars. I didn't think your parents were, but I guess they are." Ouch. I guess she didn't like that comment very much.
space opera
Posted by TMedina (Member # 6649) on :
Ouch - so much for handling this diplomatically.
-Trevor
Posted by Qrios (Member # 5259) on :
Take a deep, cleansing breath. This will all be a funny story some day. I moved into a new house 2 days before Christmas once, and moved out before New Years. Now that was stressful. but I survived. (No kids though.)(Where do the grandparents live? this is what they are made for.)
Posted by kyrie (Member # 6415) on :
(((((((space opera))))))))
Posted by Noemon (Member # 1115) on :
Man, I can think of few less productive things your realitor could have said.
Posted by Raia (Member # 4700) on :
Oy... good luck, Opera family! Posted by ketchupqueen (Member # 6877) on :
Wow, I hope things work out for you. (((hugs)))
Posted by saxon75 (Member # 4589) on :
(((((Space Opera)))))
We're going to be moving in a few months. I really feel for you.
Posted by MaydayDesiax (Member # 5012) on :
(((Opera Family)))
Posted by beverly (Member # 6246) on :
Space Opera, I am so sorry! You know, this time last year our good friends purchased a house, were all set to move, and then found out they couldn't live there. (Long, complicated story) They had already sold their house, and the people were going to move in.
So they were homeless for Christmas.
Yup, they were homeless. They stayed with friends and family for quite awhile in one state while the husband had to stay behind with his job (another long story). I wish I knew how they were now, but the last phone number they left me with doesn't work and I don't know any other way to get in touch with them.
Best of luck getting through this tough time.
Posted by Derrell (Member # 6062) on :
(((Space Opera)))
Posted by Zeugma (Member # 6636) on :
quote:We can't move the weekend before Christmas with 2 kids.
Of course you can! It probably won't come down to that, but if it does, you can do it. Take care of all the Christmas shopping and wrapping now, while you're not moving, and don't worry if every piece of tinsel and every strand of lights isn't perfect when the 25th rolls around. Let your family know that you're not going to be going all-out for the holiday this year, and have a low-key (but still very special!) Christmas at the new house. The kids are going to be super-excited about their new digs, and they're not going to even notice if Christmas isn't as whiz-bang amazing as it is every other year.
Don't get discouraged! In the grand scheme of things, a week or two difference is hardly a blip on the radar. Posted by Space Opera (Member # 6504) on :
Woot!!! We just talked to, as I call them, "The Bad People Who Live In My House Right Now," and they are definately getting out this weekend. They want to meet at 1:00 on Saturday, which is great timing for us since by the time we get the truck loaded and get up there it will be afternoon. Yay!!!
*looks around in panic* You mean I have to pack all the rest of this stuff in 5 days?!
space opera
edit: Mack, I think they heard of your offer of a sword and got scared
[ December 06, 2004, 06:49 PM: Message edited by: Space Opera ]
Posted by mackillian (Member # 586) on :
Damn right. They SHOULD be. *brandish*
Posted by rivka (Member # 4859) on :
*nods wisely* This is why it is good to have Hatrack in your corner.
GOOD LUCK, Operas! Posted by Mrs.M (Member # 2943) on :
SO, congratulations on the new house. It's just beautiful!
I'm sorry you've had such move-in hassles and I'm glad it seems to be working out.
Good luck with the packing and the move!
Posted by ludosti (Member # 1772) on :
I'm glad things seem to have worked out for you! I'm convinced that home buying is a gigantic pain in the a**, that nothing ever works out the way it should, and that there's always something to make you scream and cry. But, once you get into that house, it's great. Posted by rivka (Member # 4859) on :
. . . except for the boxes. Posted by ludosti (Member # 1772) on :
Yes, but they're boxes in your new house, so it's ok.
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Do you have a signed agreement stating that they will move out five days after close? (Wait, why are they moving out AFTER the close?)![[Frown]](frown.gif)
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