On Sunday, August 17, 2014 8:05:40 PM UTC-4, dpb wrote:
On 08/17/2014 3:19 PM, wrote:

...



My take at present is that the buyer has been waiting almost two

weeks now for a response to their Aug 4 objection amendment, the one

that wasnot submitted to me until Aug 14. ...



And there's the rub in the "who's right" part -- if push comes to shove

he'll point at the timestamp on the signature. Your initial posting

indicates "the two realtors had a misunderstanding regarding addresses

for communication". To settle that, either one has to concede he/she

was in error or you've got a two-lawyer deal there. That can't be good

to getting something going from the status quo.



We still don't know what is in this "objection ammendment, why it was
proposed by the seller, what it's about, etc. Is this a list of alleged
"defects"? If so, then it's not an ammendment, it's a list of stuff they
want fixed, pursuant to
the signed contract, and I agree with you, it could turn into did it get lost in
the mail, we sent it, you didn't get it controversy. But if it truly is
a proposed ammendment to the existing contract, then there is no controversy.
They have a contract signed by both parties that's in force. If someone
wants to ammend that, ie change it, add to it, whatever, then they need
to get it signed. Otherwise they have nothing and it doesn't matter in
terms of the existing contract who dropped the ball. And it's up to
those seeking the ammendment to follow through, not the seller. It sounds
like he was OK with the signed contract. The buyer might have
a legitimate claim against one of the realtors, but that doesn't change
the fact that the existing contract, existing deadlines are what govern.





If new dates are a subject of negotiations, then you've got the choice

of whether to just sign the document now to try to get the ball rolling

as it sounds like it is in your court and express concern to both

realtors that somebody ought to be minding the kitchen. It's always

possible, I presume, to make your position known to note that your

signature of X date is within Y date of time or receipt of document to

indicate the delay wasn't on your part. Don't know that it would have

any effect or any legal standing but it might make you feel better...



Meanwhile, work on the other dates as a side issue...doesn't seem that

it could muck anything up; all they can do is try to push the schedule

one way or the other but if were amenable to the original one would

think they'd still be agreeable to holding as close as feasible given

the current status.

They could muck it up by doing an inspection and finding a lot of new
stuff that they want fixed. As of right now, the deadline for an
inspection has passed and the deadline for giving a list of items based
on that inspection has also passed. He has to decide if he wants to
open the door to an inspection again or leave it closed.

I asked him previously if there are any other contingencies, eg a
mortgage contigency. That comes into play, because if he says tough,
deadline passed, deal proceeds pursuant to the contract, and they
haven't given him a committment letter yet,
and they want out, they could screw up the mortgage deliberately, so they
don't get it, and have that out. If he has a committment letter and
there are no other contingencies, then he's in much better position.
IDK for sure what I would do. If he says window is closed, they may
try to get out. If he says go ahead, get an inspector, then it could
wind up costing him bucks not just for the inspection, but to fix stuff,
where as of now, there is no stuff to fix. If I were to allow the
inspection now, I probably would not pay for it. Let those that dropped
the ball, ie buyer, realtors, figure it out.




Meanwhile, you could have your agent deliver the

message to them that the holdup was an oversight and not intentional on

your part to try to assure them as buyers you're not holding out...



It's the problem of not being allowed to just talk--could probably work

it out in five minutes face-to-face, but they'll never let you do it I'd

guess....maybe aren't even allowed to.



How can anyone possibly stop you? Presumably he has the buyers info
and he can contact them anytime he pleases. Seems especially appropriate
under the circumstances, with stuff apparently not getting through.




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