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paul
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08/04/2006 20:47 #32715

Can this get any more fucking ridiculous
Category: housing
The lastest installment of fun with the house came today.

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




metalpeter - 08/05/06 19:45
I wish you luck. If it was me the second that they didn't have the papper work that said the had bought the house from the church I would have pulled out of the deal and said fuck it and he wouldn't have gotton a dime. As someone else said I think he dosn't want to sell it you. To me it seems that he has changed his mind and just wants to make it diffacult on you. My response to the we can walk in at anytime would have been ok fine I know you but none of the people I live with do, and none of there friends know you either so if one of them caves his head in with a pipe it isn't my fault they thought you where breaking in.
dragonlady7 - 08/05/06 01:30
I'm definitely with (e:kara):
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.
uncutsaniflush - 08/04/06 23:32
(e:zobar) is right about invoking "time is of the essence" that it means the other lawyer is fucked. But so what. Your lawyer isn't supposed to fuck you over to make the seller's lawyer's life easier.

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.
zobar - 08/04/06 23:12
To some extent, I almost agree with (e:boxerboi) - it's almost not worth it. Unfortunately, I doubt that it would be difficult for the seller to find another buyer.

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
ladycroft - 08/04/06 22:29
kind of makes me want to rent forever.
uncutsaniflush - 08/04/06 22:18
I can say is "what the fuck?"

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.
kara - 08/04/06 22:11
Can you just change the locks and set up a security system to which this chucklehead does not have access? Possession = 9/10ths of the law and all that. . .
jenks - 08/04/06 22:02
omg paul. I don't even know what to say.
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.
boxerboi - 08/04/06 21:47
I've never bought anything more expensive than a laptop, but man this seems like its more trouble than its worth. Have you considered pulling out all together and just waiting to find another house? The hurdles they are throwing in your way are getting ridiculous and you don't deserve to have to deal with this shit. I say fuck him over and pull out if you can.

08/02/2006 13:15 #32714

Duct Cleaning Question
Category: housing
Has anyone had the heating ducts cleaned in their house and have a company to recommed. I need it to be done really soon and very professionally as I need them to get rid of all the pet dander.

I was thinking of going with Indoor Air but if anyone has any suggestions I would be willin go to with anyone
libertad - 08/05/06 10:03
I hear (e:ladycroft) is a good duct cleaner. Ask her.
boxerboi - 08/02/06 17:24
My parents use Indoor Air to clean our ducts. I've never heard my mom complain, so I assume they are pretty good at it.

07/31/2006 14:15 #32711

The 24 Linwood Saga Continues
Category: housing
So now our lawyer gets the title from his lawyer and it turns out there are both tax problems and they are missing paperwork saying the church was able to sell the property to them. I think we are reaching the beginning of a long journey instead of the end of one. I cannot believe this process started back in May. Watch it be an entire year before we get the house.

If I saw the guy in front of me right now, I would probably go to jail.
kara - 07/31/06 20:29
What about suing this guy for being a total sleeze? That has to be a crime :/
metalpeter - 07/31/06 19:22
Not sure on the laws but if they can't prove they own it then how can they sell it. I would really look into the tax thing, cause I know in some cases if you buy the house then you owe the tax on them. I'm not sure how that works just recently read some stuff in the papers about houses being fliped and houses that get taken for not paying tax and that some people bought the houses and then couldn't pay the back taxes. What ever happens it sounds like a nightmare I wish you the best of luck.
libertad - 07/31/06 18:09
did the lawyer ever answer you on if you can back out of deal or not? Is that something you even want to do at this point?
uncutsaniflush - 07/31/06 15:35
Wow!! that sucks. So sorry to hear that.

On a positive note, usually title problems can be cleared up with time.

But I know, you wanted to close on July 11 and already you had to wait way too long.

Good luck.

08/02/2006 10:14 #32713

Non Stop Stress Makes Headaches
Category: stress
When I frist started at Roswell I loved my life. I literally had no worries and I loved my job, now I hate my life but I still love my job. I actually look forward to going to my job to avoid all the other problems and enjoy the air conditioning. The big problem is that this week the problems are so vast and complicated that they are making me have to use personal time, meaning I don't get to de-stress programming as much and have to suffer in the freakin' heat.

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.
metalpeter - 08/02/06 19:40
All that stuff all at the same time does feal verry stressfull. Maybe you can find a day just to relax or at least part of the day to just relax and get rid of the stress.
leetee - 08/02/06 19:08
You will love your life again, Paul. This is just a rough patch with some crazy times... Things WILL get better!

Let me know if you need my help with anything... moving or packing or anything that might help you (or Matthew or Terry) decompress!
joshua - 08/02/06 10:52
Paul - your post is making it clear that you need to GET THE FUCK AWAY for the day. Or any day, but make it soon. Your problems are going to get solved, just don't bug out.

08/01/2006 18:10 #32712

What a Terrible Day but we are moving
Category: housing
What a stupid day. At 1PM (e:terry) and (e:lilho) came by Roswell for lunch. At that point, I had these wild dreams about going to the beach or doing something refreshing like a water park. Instead my errands got out of control.

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.
kara - 08/02/06 11:32
I prefer the word "geek," thank you very much!
jenks - 08/01/06 20:11
haha... at least i'm not the only nerd.

Good news about the house, finally!

Good luck!