Category: housing
08/04/06 08:47 - 79ºF - ID#32715
Can this get any more fucking ridiculous
As you probably remember our original closing date that they signed for was July 11th and that didn't work out for them. They told me it was just an arbitrary date that people make up and that if I knew anything about buying houses I would know that.
Then the seller said he would be out by Aug 1st, (e:paul,4585) but then changed that quickly changed to to August 4th which is today. If I had known it was going to take this long, I would have never purchased this house. If he originally had said it would be the end of August before closing I would have simply said, oh we are looking for a house sooner and that we were not interested but the seller tricked us and strung us along every bit of the way. I can never believ anything he says because it changes every time.
So today I get a contract for early occupancy at 10am and was all excited like it was really going to happen. I mean it isn't closing but at least we could get in an d start cleaning before winter!
Paul, please make a total of four copies and sign all copies. Take to the seller when you meet them today and give them all copies to sign. Keep two and they keep two. Any questions, let me know.
I called the seller and asked when he wanted to meet and sign it. He said he was busy with his attorney and would get back to me later.
By 2PM I get no call from the seller, but another contract as they decided not to go through with it unless it is changed so that we have to have a half million in liability and that the date got pushed back fro Aug 5th to Aug 6th. We previously had $300,000.
Paul here's the agreement. Make 4 copies, sign all copies and take with you when you obtain the keys. Make sure you do a final inspection! If there is anything wrong, do not accept the keys. Per the Agreement you are taking the premises as if you closed on it.
Also if you can ask your agent to email the insurance binder and receipt to me, I can forward on to the sellers' attorney.
Mind you it is like 2PM on Friday and I now need to get ahold of an insurance company and get a new binder. No to mention that I drove to Williamsville to pick up the original one. Thank god they were able to squeeze a binder for a half million out of the insurance office as a miracle I think. But there is no way I could get them the binder that fast. She will have to wait to get it on Sunday.
Then 4:00PM rolls aorund and they decide they also want us to pay taxes at $13.63 per day till closing. Now I realize that its his house and he is not living there, but if they hadn't fucked up the closing I would be paying my own taxes and my own mortgage instead of rent to my landlord and his fucking taxes.
The Kicker -
Then at around 5:30 I notice that the contract says they have permission to enter or prremises anytime without warning until the closing, which they have now delayed until the end of the monthISH when they can finally find or get new papers for the paperwork they lost that was causing title issues.
So I decide to call his attorney to ask about the wording. I mean if she had gotten our lawyer the title and search when she was supposed to, we would have had plenty of time to get the proper title documents so I thought maybe she would feel a little guilty. The other day when we were there and told Don about how our lawyer said they need documents that were not there, he said that it was just a minor glitch and that Florence (his attroney) was on top of it. Fucking minor glitch that is going to take weeks to rectify.
So back to the topic. I ask the woman if we could get it changed to be "entry with notice." She explains to me that she knows him so well and that he is great and that it is no problem. Then I asked why he would need to "Enter without notice" and she said she isn't interested in discussion it and she doesn't need to justify herself to me. Why should he have unlimited free reign over my stuff. It just makes no sense that it cannot be "with notice." I didn't even ask for "with consent." Just "with notice."
Our "lawyer" provides about as much feedback as a mute person with no arms. And lots of other people have given me their experience and feedback but what I really need is an attorney who will stand up for me for once. I want so bad to just not buy the house.
So anyhow, I wrote this letter to my attorney, but considering that it is the weekend I really don't excect a response.
Friday 8:37PM
Jackie,
This is a kind of critical issue.
4. The sellers right to enter and inspect clause says the seller has the right to entry and inspection of the property with or without notice.
It makes me nervous that he has the right to enter without notice. I tried to get a hold of Don about this but I couldn't so I tried calling his attorney directly to ask if we could change the wording. She told me that she trusts Don Mayer and has know him for years.
I then asked if we could just change it to entry "with notice" and she said that she is doing me a favor and has no interest in making any changes. When I asked her why he would need to enter without notice she just said she didn't have to justify herself to me. That was pretty much the end of the conversation.
Is there any way to negotiate this?
Paul
Permalink: Can_this_get_any_more_fucking_ridiculous.html
Words: 1038
Location: Buffalo, NY
Category: housing
08/02/06 01:15 - 85ºF - ID#32714
Duct Cleaning Question
I was thinking of going with Indoor Air but if anyone has any suggestions I would be willin go to with anyone
Permalink: Duct_Cleaning_Question.html
Words: 64
Location: Buffalo, NY
Category: stress
08/02/06 10:14 - 80ºF - ID#32713
Non Stop Stress Makes Headaches
There is tenant drama, thesis drama, dcotor drama, vacation drama, lawyer drama, seller drama, and moving drama plus the related allergy drama.
The heat would be one thing if I could just enjoy it, but this week I have a feeling it will be lots of time in the car and lots of time arguing and making life altering decisions, plus trying to bust out the final draft of my thesis.
I would just take the whole week off but I already took the 16th to the 23rd off for vacation in the adirondacks. The thesis stuff need to officially be done by the 25th which is now the 15th for me! Which leaves me no time between work and the house.
I also terrified of the house situation. Like what if I can't live in it till September because of alegeries. Where am I gonna go?
Last night we actually made it to Bennett Beach at around 8:00PM. I would say it was a perfect time to go. Not too many people and the water was warm even as the sun was going down. The waves were great too for once. I think I might make it and after work event again.
Permalink: Non_Stop_Stress_Makes_Headaches.html
Words: 295
Location: Buffalo, NY
Category: housing
08/01/06 06:10 - 87ºF - ID#32712
What a Terrible Day but we are moving
First we were supposed to stop by the tenants house to get them all to sign their new leases. Instead, we ended up dealing with all this drama because one girl did not pay the gas bill and they shut the gas off. I seriously cannot believe it. It took about an hour. She is the same girl that always pays her rents late. I told the girl who is still living there, that this is her chance to kick that girl out because the leasing are gettign signed but that she would need to get soeone else in right away. At least one tenant paid their entire rent through december.
Then I tried to call the lawyer again about 16 times. She never retrunred my calls or email so I decided the only way to deal with it was to confront her in person because our landlord wanted an answer right now as to when we are moving. Unfortunately, there office is way far away in the top floor of the larkin building. Its all nice cherry and leather fanciness. In fact all the floor of elevator announce the floor number until you arrive at the top and it says Welcome to Harris Beach."
I think we made a huge mistake choosing such a large law firm for such a tiny case. I think maybe they would have been a appropriate firm for a car accident or something. Turns out the title problem still exists but that we can move in early if the seller agrees. The lawyer says that the problem is they cannot find the paper saying that the church (a non-profit) was able to sell the house. Fortunetly, the church really did want to sell the house to the guy and they just need to find or get new paperwork. Unfortunately, it requires a supreme court of NY judge and they are very busy golfing during the summer. Those were her exact words.
So then after that we went to the sellers house and believe it or not he doesn't think there is any problem and plans to move out on the 4th and close. This is good for us if it really happens. So I guess he is agreeing to us moving in earlier. So we really might be moving on Saturday.
On another note, I am glad that someone keeps track of the spelling on this sites interface:
@ 07/31/06 12:57 Kara wrote:
Hi Paul - "Lattest Chatter" should be "Latest Chatter" in the chat box.
@ 07/30/06 19:42 Jenks wrote:
hey paul- typo alert. the chat box says "lattest" chatter.
Permalink: What_a_Terrible_Day_but_we_are_moving.html
Words: 474
Location: Buffalo, NY
Category: housing
07/31/06 02:15 - 83ºF - ID#32711
The 24 Linwood Saga Continues
If I saw the guy in front of me right now, I would probably go to jail.
Permalink: The_24_Linwood_Saga_Continues.html
Words: 89
Location: Buffalo, NY
Category: buffalo
07/30/06 05:28 - 81ºF - ID#32710
Garden Walk Day
My favorite gardens were the ones in the West Village which is kind of at the end of Prospect near downtown.
The ice cream truck was there the whole time.
Afterwards we hid out at Globe Market
This guy must be so warm with so many dreads
Has anyone ever eaten these chocolates. Lemon Pepper Chocolate?
Permalink: Garden_Walk_Day.html
Words: 85
Location: Buffalo, NY
Category: body
07/30/06 01:37 - 80ºF - ID#32709
Clean Shaven
So here I am, as close to Mr. Clean as I am ever gonna get.
Permalink: Clean_Shaven.html
Words: 78
Location: Buffalo, NY
Category: web
07/29/06 11:41 - 74ºF - ID#32708
Robot Eating Candid Frat Boys
This journal includes random male nudity provided by the internet, so just stop now if you are someone or somewhere that should not be/does not want to be involved in that.
Someone left 217 galleries (11,379 images) of mobile phone/candid pictures of men at frat hazing, in speedos, drunk out of their minds, at the lockeroom, at the nude beach, mooning, showing off, playing sports, camping, in a sauna, at mardi gras, peeing on the street, at stag parties, in amsterdam, etc available for Mr. FratBot to eat.
It's almost what you would consider "guys gone wild." But frankly, more it's also kind of "guys gone normal" because it is a lot more "normal" for guys to do get crazy than girls.
I decided to include Mr. robots guts here in case it helps anyone else out getting started building their own robots. Of course robots do not need to only eat scandalous picture, you can try applying this to some ordinary web tasks as well.
I a removing the actual URL of the gallery to prevent them from getting hit too many times. If you really need it, you could always email me.
I can translate the code for you a bit into english. It says, "Don't worry - I am someone using Internet Explorer not a robot. I a just going to loop through your overly simplex file structure and eat every image that you site has. Mr. Robot eats.
Don't scroll past the code box if you don't want to see a sample of the robots collection.
[box]
<?php
echo "starting...".date('m/d/y h:i:s')."n";
ini_set('max_execution_time',-1);
class eatFratBoys{
public $baseUrl = 'http://OMMITTED_FOR_THEIR_SAKE';
public $serial=0;
public $begin_gallery=1;
public $end_gallery=217;
public $current_image;
public $opts;
public $context;
public $debug =0;
public $directory ="pics0";
function __construct(){
$this->serial = count(glob($this->directory."/*.jpg"));
echo date('m/d/y h:i:s');
$this->time_start = microtime(true);
$this->opts = array(
'http'=>array(
'method'=>"GET",
'header'=>"Accept-language: enrn" .
"User-Agent: Mozilla/4.0 (compatible;MSIE 6.0; Windows NT 5.1)rn"
)
);
$this->context = stream_context_create($this->opts);
for($this->current_gallery=$this->begin_gallery;$this->current_gallery<=$this->end_gallery;$this->current_gallery++){
echo $this->current_gallery;
$this->eatImages();
}
}
function eatImages(){
for($this->current_image=1;$this->current_image<60;$this->current_image++){
$pic = $this->baseUrl.'/'.$this->current_gallery.'/pic/'.sprintf("%02d", $this->current_image).'.jpg';
if (($fp = fopen($pic, "r", false, $this->context))) {
$meta = stream_get_meta_data($fp);
if($this->debug==1){
print_r($meta);
}
if($meta['wrapper_data'][8] == "Content-Type: image/jpeg"){
$this->savePic($pic);
}
} else {
echo "nError loading image:".$pic;
}
}
}
function savePic($pic){
if(!is_dir($this->directory)){
mkdir($this->directory);
}
file_put_contents($this->directory."/".$this->serial.".jpg", file_get_contents($pic));
$report = "n".$this->current_gallery.",".$this->current_image;
file_put_contents("report.txt", $report, FILE_APPEND);
echo $report;
$this->serial++;
}
function __destruct(){
echo "nending...".date('m/d/y h:i:s')."n";
$total_time = (microtime(true)-$this->time_start);
echo "nTook a total of ".$total_time.' seconds';
}
}
$grabImages = new eatFratBoys();
?>
[/box]
I'll add comentary for fun.
Who had the camera in this place whatever it is?
Artistic Takes
Of course there were hundreds of at the computer with web cam pics. I wonder if this guy even knew anyone was recording his web cam.
Lots of farting on drunk guys heads. I am glad I never get this drunk, but (e:terry) does and I have an idea for next time now, lol.
Just when you think no one saw it.
Random crowd pics.
Random sporting feats.
Of course lots and lots of mardi gras.
Enough mooning pics to make a werewolf howl, lol. This one seems particularly and outrageously dangerous.
What do you think the story behind this one is?
Are they fighting or is it some frat initiation game.
Fuck waiting in line.
Now peeing in a line, thats another story. There are about 150 of those.
Even sadam gets peed on.
Is this what the pro lockeroom is like. I suppose those sportscaster ladies have it good.
Isn't that a foul of some sort?
What can this be about besides being drunk.
Go team, there are so many of these that I wonder if it is normal.
Lots of dorm room craziness
And lots of showing boners hidden behind clothes.
There were lots of automobile pics. I picked the silliest ones to share. But there were hundreds of just like random dude, proud of his car/body.
And from the nascar collection
Mac, making you hard, mile after mile, haha.
I think this one is the funiest of all. They look so scary and mean but then together they look like stuffed animals. Does the bulldozer do something for soeone, because there were lots of men on bulldozer pics?
You don't get to see any of the more hardcore ones, sorry.
Permalink: Robot_Eating_Candid_Frat_Boys.html
Words: 1003
Location: Buffalo, NY
Category: food
07/28/06 07:04 - 70ºF - ID#32707
Fried Poop = Golden Ball
My co-worker who is from China and has a thick accent just told me in Asia they have a delicacy which is made of fresh poop from young girls. At first I though I was totally misunderstanding him and was kind of embarassed that I though he was saying poop.
Then I realized he was in fact saying poop. Apparently, he told me it is not just the poop of young girls but young boys too. The picture from some asian newspaper talking about it looked like that thing that (e:soyeon) freaked out about where the eat the sushi off a girl. Accept this time they were eating her fried poop off of her. Anyways, I laughed for about 2 hours. He said in english it is translated to Golden Ball.
Permalink: Fried_Poop_Golden_Ball.html
Words: 133
Location: Buffalo, NY
Category: housing
07/28/06 06:34 - 78ºF - ID#32706
Harris Beach = Bad Service for Me
TUES - LAWYER NOT AT THE OFFICE
We talk to the seller asking for a final closing date after they missed the July 11th one and are now talking about missing the Aug 1st one. Seller flips out and decides to not talk with us anymore.
WED morning - Talk to the lawyer
She says she is nervous because she still hasn't received the search which she expected weeks ago and asks me to tell her ASAP if she wants me to declare time is of the essence.
WED 4:28PM LAWYER TO ME
Hey, just got the search we are getting closer..
WED 4:35 PM ME TO LAWYER
Jacky,
Are we in a position to cancel the deal at this point? What are the legal rammifications for that?
If it cannot be done sooner, go ahead and give a time is of the essence for aug 8th. I don't understand why we would have to wait until the 8th with Time is of the Essence. Could you not issue it now since we were supposed to close on July 11th? I did not officially agree to even Aug 1st, he just sort of demanded it as a date when he could move out by, the same way he said Aug 4th now.
This is so totally frustrating because he is not talking with us since his bizarre freakout yesterday, which it makes it impossible to find out any information from now on.
Perhaps, we should schedule a meeting with attorneys present? Does that seem appropriate?
Thank for your time,
Paul
WED 4:37 ME TO LAWYER
I'm sorry , I think our emails crossed. As soon as I sent mine I saw yours. That is good news. What does it mean exactly?
THURS 3:35PM ME TO LAWYER - with a multitude of calls in between that all ended up at voicemail
How will we go about finding out when he expects to close? Is he saying he 4th now, or is it still up in the air. Is there anything else that you need from either party in order to close besides the date?
Thanks for your time,
Paul Visco
FRI - Morning till about 1PM. I call, I call, I call, finally I get through to her, she picks up the phone and says, "I am really busy right now I am going to have to call you back."
No Call Back.
FRIDAY 6PM
Jacqueline,
I realize you are a busy woman, but I would appreciate a return message as I have been trying to contact you since wednesday - and at this point and now it is already the weekend.
I would also appreciate an answer to the questions I asked you on wednesday.
1. What is the situation now that we have the search?
2. Do we need any other documentation from either party, or at this point are we just waiting on him to move out?
3. Is the closing date Aug 4th? How do we find out when the closing date will be without him talking to us?
4. Do we need to schedule a meeting with our attorney's present.
Paul Visco
Permalink: Harris_Beach_Bad_Service_for_Me.html
Words: 606
Location: Buffalo, NY
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Say fine to the weird entry without notice clause.
Then change all the locks.
"Sure, you can enter without notice, but I just need you to call me first so I can unlock the door, ok?"
You're not violating any terms, right? Nope.
Possession is indeed nine tenths of the law. He's got no need to be coming back in there.
If your lawyer won't do it, get another lawyer. The lawyer works for you. You, (e:paul), are the client. Your lawyer is supposed to be a zealous advocate for you.
You want to invoke time is of the essence, it is your lawyer's legal obligation to do so. If he or she doesn't do, your lawyer could be disbarred for ignoring your instructions.
You don't work for the lawyer, the lawyer works for you.
Re: (e:uncutsaniflush) - my lawyer buddy informs me that when one lawyer tells another lawyer that 'time is of the essence,' it means the other lawyer is basically kind of fucked. That'll really only work if your lawyer will do it for you, of course, but you may try dropping the phrase on her just to let her know that you're losing patience.
I don't know whether it's a wise idea or not, but if you want me to talk to my lawyer buddy, he might be able to recommend a better lawyer for you.
- Z
Enter without notice is completely out of line. If you want to be paranoid, here's a thought, the seller doesn't trust you so he wants to make a surprise visit so he can find a reason to not only get out of the deal but fuck you over financially.
I think the seller doesn't really want to sell to *YOU*
If the seller hadn't already moved out, my advice to you would have been to invoke "time is of the essence" and walk away from the deal when the closing didn't happen because of title problems.
Since the seller has moved out and has said that he might allow you to move in early, a judge might see the seller making a "good faith" effort to close in a timely fashion and minimalize the inconvenience that you might experience because of the unbelievely late closing date.
I'm a bit of hot head and a worry wart when it comes to real estate closing so perhaps you shouldn't pay attention to anything I say.
But I would have told the mofo on July 11 (the scheduled closing date) that I'm invoking time is of the essence. And the deal wouldn't have happened.
But I would have been ok with that - my thinking is that no deal is so sweet that you can't walk away from it when the other side is trying to fuck you over. Peace of mind is mind is priceless.
But that is just me.
ps I think you have a very useless lawyer. Lawyers should talk to lawyers. I still don't understand why you are talking to the seller and the his lawyer at all. It just seems very weird to me.
Good luck.
but here's one thing-
they can't give you 4 copies of an agreement? you have to find a copier and make them yourself? minor point, agreed- but ridiculous nonetheless.