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melody p | I closed on my home today and the sellers had trashed the house when we came back from the closing.? |
Can I get out of the contract? |
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roger
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No, you cannot get out of the contract, but you have a right to sue the sellers for damage to the property.
Note, the three day recission period only applies to loans that are refinanced, it does not apply to purchases of property. |
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Zeltar
 |
No. You already closed on the home. However, you may have a civil case against them if they've done physical damage that wasn't in their "disclosure" statement. |
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phil b
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If they trashed your house AFTER the closing, they can be charged with destruction of property, since the property is legally yours at closing. You should inform the police IMMEDIATELY!!! |
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frankie b
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Elizabeth c is wrong. The 3 day right of rescission only applies to refinances, not purchases. If you closed, you own it as is. Did you have a walk through? If not, your Realtor dropped the ball. If you did, forget calling the Realtor, what can he do now? CALL THE POLICE!!!!!!!!!!!!!!!!!!!!!! |
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TedEx
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Better talk to your agent.QUICK!!!!!!!!!! |
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bostonianinmo
 |
You should have scheduled a walk-through inspection about an hour or so prior to the closing. The seller should have been clear of the property at that point. If it was not in proper condition, you would have had a very large incentive to force them to clean it up by refusing to close until it was in presentable condition.
However since you've already closed, the deal is done and there's no turning back. You might be able to sue them to recover the cost of repairing the damage and cleaning the place but don't hold out for a quick resolution on that.
I had exactly the same situation about 17 years ago. The seller had made a mess of things and was still not fully moved out of the home. We signed the paperwork on the mortgage to close that portion of the deal (and keep our rate lock which would have expired that day) but held off on the rest of the deal for 5 days while they scrambled to clean things up and get out of the property. The contract provided for rent at $100 per day for holding over so the closing agent adjusted our closing costs to recover that. The seller was furious since the delay in closing caused him to lose his rate lock on his new home since he didn't have the funds to close on that deal but that was not MY problem! ;) |
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Resa B
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Probably not. In your Purchase and Sale agreement, your contract, the verbage should be there to prevent this from happening. The contract does survive closing. The wording should read somelthing like this: Property is to be in good condition, free of debris, trash and in comparable condition at time of contract. Did you not do a walk-thru prior to closing the transaction? If not, contact your favorite real estate attorney and ask for advice on resolution. It is always a good idea to visit the property just prior to closing. Hope this helps. |
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vinster82
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Can't get out of but it hopefully your Realtor wrote it so that the house had to be in the same condition as when you signed the contract. Call the Realtor right away and maybe even file a police report so there is an official record. Did you have a walk through? |
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godged
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Call you agent. He/she can call the sellers agent and start working on a remedy for this.
TAKE PICTURES. Video is better. Have your Realtor walk through the recently modified property with you. |
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Still reading
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No, but you can sue the sellers. You own the home. When was the walk-through completed? |
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just me #1
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omg i cannot believe that! I would call the real estate broker and possibly the police |
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bic
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nope |
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tomthepawpaw
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First thing is to notify the police. They can do some investigation to be sure who trashed the house and when. It will be important to determine when the trashing actually took place. Before or after the actual closing, this can determine who's insurance company will be responsible. For now treat it as a crime and let the police do the work. |
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Elizabeth C
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Yes after you close you have 3 days to cancel if you wish to do it. I will advice you to cancel everything and get another home. |
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alcaholicdemon
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you will have to go back and read the fine print in the contract.you can always re-nig on your payments and let it go into foreclouser,but beware if you do that your credit will be trashed also. |
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