On Tuesday, August 19, 2014 6:47:16 PM UTC-4, wrote:
On Tuesday, August 19, 2014 11:39:17 AM UTC-6, NotMe wrote:

Were I you I'd look to both realtors' Errors and Omission insurance carriers

snip for brevity



I wonder if insurance exists to cover what seems to me to be at a minimum, pretty negligent conduct on the realtors' part.


The first question with any such claim would be what are the damages you can prove and is it material enough to pursue. If the deal still closes within a couple weeks of the closing data, I don't think it's likely you have something
worth the trouble.




Update: I thought a lot about how to proceed. If I let these two realtors set schedules unrelated to the contract; repeatedly not follow instructions to communicate xyz to the buyer's realtor; and more; I figured I would be miserable for some months. My realtor worked on me most of Monday, talking past me like the deal was going forward; saying I had to agree to pay for the home inspection and warranty; and what sounded to me like double talk. I said I believed per the contract's terms that either the contract was terminated due to no resolution of objections by Aug 15;

I'd be careful there. The seller did respond with objections to you, but
they were delayed due to one or both realtors dropping the ball. But the
only material thing I see
in what they wanted was that they wanted a list of the repairs you had made
pursuant to the previous inspection report. You had sent that list of
repairs to your realtor and it apparently made it to the buyer before the
Aug 15 deadline. So, as I see it, the buyer could say they were OK with
your response to the objections, they want to proceed with the contract,
and you have no out. In essence, the buyer could say they are satisfied with
the previous inspection, your fixes, and they want to proceed and I don't
think you have an out. Nor do I think you want one, you want it sold right?





or no "specific objections" (language the contract uses on this point, like many here seem to know) had been presented nor inspection scheduled by Aug 13 and 11th, so I did not have to do any inspections or address any objections.

As I said above, you seem to have met what they brought up in the "objections",
which was just a list of repairs you made pursuant to the previous inspection.
You actually sent it before, without even knowing what they were going to ask
for, but you did send it, they have it. I'd say that closes the "objections
window". But..... this isn't the normal deal, because of that home warranty,
you now have another inspection and unless someone has stated otherwise, it
sounds like you are still open to another possible round of "objections"




I said I would not continue unless the two realtors agreed to pay for the home inspection and warranty. My realtor finally consented and is preparing paperwork now. I am ready for the worst and decided it would be better than not defending myself from two realtors who are not earning their commission, and likely would continue with their unsupportable-by-contract approach if gone unchecked, in my opinion. I think no winning happens in situations like this. But good enough. The buyer has said she is going forward and wants to close this deal.



Good for you. And good for you for getting the broker to eat some of the cost.
I hope you also told your realtor that you want to be copied
on every email sent/recvd, regular mail, informed of every material phone call from here on out, etc.





Interestingly starting today, and with the understanding that paperwork has to be signed before any inspection takes place,

I'd make sure what that new paperwork says, particularly with regard to
new "objections". Best thing would be for it to say that the buyer accepts
the original inspection report and the list of repairs you made. But you're
probably not going to get that. It's probably going to set up dates for the
whole inspection, objection thing again.


my realtor has been trying to get an appointment for an inspection.

That's interesting and another sign of amature hour. It's actually in
your favor for your broker to be handling that, but WTF is the buyer
and their broker doing? That is *their responsibility*, not yours.
When I'v bought houses, I picked the inspector, hired them, etc. Last
thing I want is the seller, or the seller's realtor to be hiring the
inspector. For them, Sgt Schultz would be a good deal. And as seller,
I wouldn't want my broker screwing around with even the scheduling.
The buyer already missed dates, next they could have the excuse that
*your broker* didn't schedule the inspetcion, etc. It's the seller's
option, they own it.

The earliest one available with the inspection company selected is Sep 2, past the scheduled closing. We're trying to squeeze into any slot that opens because of a cancellation. This requires daily checking by my realtor. Objections, resolution and cure require several more days.

I'd put a week in there, if it was my house. Maybe you don't need it,
because you've been through the inspection and the house is OK. But in
general, what seller wants some buyer to hand them a list of beefs and only
have 2 days to figure out WTF to do? It seems a good idea to at least have
the time to call a couple contractors for quotes, opinions, etc.


I am trying to be as accommodating as possible. So now, and it seems to me because the buyer's realtor made no effort to schedule an inspection per the contract deadline, closing is indeterminate. I remain ready for the deal to fall through, though I hope it does not.



Closing is indeterminate in the vast majority of deals due to one factor or
another.





Also interestingly: My realtor called the other realtor twice today. No return call, here in the throes of what looks like a closing that will have to be changed and with much that has to be done still. My realtor said he is irritated once again with the other realtor regarding communications and wanted me to know. Indeed.


Your realtor should have the realty owner call the owner of the other
brokerage to explain how this is being mishandled. Your broker telling
you isn't going to solve anything.




Every post to this thread was contemplated and helped me figure and feel comfortable with a plan of action to follow. Thank you gfre..aol.com, dpb, trader_4, Ralph Mowery, Oren, Robert Macy, Lee B, Tony Hwang, and NotMe for your time. I hope to pass on my good luck in having your advice to someone else in the future.

It sounds like you're back on track. Let us know how it works out.