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Seller plans to sign contract at closing?

Started by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013
Discussion about
I'm very confused. I'm supposed to close tomorrow on a property. The seller never sent us a signed contract, but took my info to deposit my earnest money. I still have to send a wire and we still have to do a lien search. they never even told us that they didn't plan to sign until closing, so we have been waiting for the contract in order to start those processes. I only found about this plan by writing a quick note to the seller's agent. What is up with this?
Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007

This is not in the NYC metropolitan area of course.

This could be upstate NY with a small money deal, or some rural or small town somewhere.

The only time I've been involved in these casual closings is in rural areas, small towns. It's not unusual in such places for things to be rather (too) relaxed.

I certainly wouldn't send any more money by wire at this stage and plan to show up with a bank check somewhere instead. Not negotiable.

The risk you have is that something fraudulent is happening--but, not necessarily. We hope you know exactly where your earnest money deposit is.

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Response by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013

No, this is in NY in Harlem. I am not wiring any money until this is straightened out. The wire was only to my attorney who is supposed to cut the check. I will look to find out where the earnest money is.
Thanks!

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Response by vic64
over 12 years ago
Posts: 351
Member since: Mar 2010

Have your lawyer been sleeping all these time?

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Response by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013

No, she has been writing to them asking for a signed contract. They have been unresponsive. Their attorney never responds to her.

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Response by front_porch
over 12 years ago
Posts: 5321
Member since: Mar 2008

I assume that this is an all-cash deal, since I can't think of a bank that would commit financing without having a signed contract.

Still, prudence demands that you do a lien search -- is the seller expecting you to spend the money doing that while there's zero commitment on his part?

ali r.
DG Neary Realty

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Response by vic64
over 12 years ago
Posts: 351
Member since: Mar 2010

Without signing the contract, the seller must not deposit your 10% check.

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Response by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013

Thanks. But Yuck: it's been deposited. I hope this works out. I'm starting to wonder about the seller's attorney.

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Response by alanhart
over 12 years ago
Posts: 12397
Member since: Feb 2007

Who is the seller's attorney?

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Response by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013

The money is in escrow. Phew.

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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007

I recall some of your other posts & I can't help thinking that PERHAPS

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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007

I fear you are making a HUGE mistake. I hope not for your sake but your posts have always made me uneasy & I've suspected that you were so eager to go ahead that nothing anyone else said was making an impression. Best of luck!

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Response by Nah
over 12 years ago
Posts: 85
Member since: Feb 2008

Is this seriously happening? I'm asking a serious question.

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Response by Nah
over 12 years ago
Posts: 85
Member since: Feb 2008

I'd peg your chances of closing tomorrow without further complication at about .09% and I might even be generous with that estimate.

Wow. Really. Wow.

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Response by Bill7284
over 12 years ago
Posts: 631
Member since: Feb 2009

I kind of hope this is a bogus hoax of a post. If this is real, then this wins the award for self inflicted drama. I read the other posts by OP and all I can say is that whatever Nah said above; I second that emotion.

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Response by Nah
over 12 years ago
Posts: 85
Member since: Feb 2008

"I only found about this plan by writing a quick note to the seller's agent."

I'm confused. You wrote "the seller's agent"? Where is your agent? If you didn't have representation, then the seller's agent is also your agent and should legally be acting as a dual agent.

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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007

Wow. Really. Wow. I'll second that.

Sounds like you don't have a deal, and you don't have a closing. Your escrow is coming back or that atty is in big trouble, so don't worry.

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Response by truthskr10
over 12 years ago
Posts: 4088
Member since: Jul 2009

I third.
Please tell me you plan on title insurance.
Use the money you saved on hiring your cousin, the traffic court attorney.

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Response by FreebirdNYC
over 12 years ago
Posts: 337
Member since: Jun 2007

Geller - keep us posted. As I said on the other post, I'll be very surprised if this turns out to be a good deal for you but I wish you all the best!

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Response by bluesmap
over 12 years ago
Posts: 7
Member since: Oct 2012

whoa. good luck im curious to know how this turns out

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Response by Flutistic
over 12 years ago
Posts: 516
Member since: Apr 2007

I'm wondering what happened. Very unusual situation.

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Response by FreebirdNYC
over 12 years ago
Posts: 337
Member since: Jun 2007

How did the closing go?

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Response by buster2056
over 12 years ago
Posts: 866
Member since: Sep 2007

Seriously - keep us posted... I just read through some of your other threads, and ohmygod.

I hope it all went well.

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Response by walpurgis
over 12 years ago
Posts: 593
Member since: Feb 2009

Relax - no need to worry: Your funds are probably residing comfortably offshore on a permanent tropical vacation.

It's the least you can do for your money - it's been good to you; shouldn't you return the favor?

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Response by urbandigs
over 12 years ago
Posts: 3629
Member since: Jan 2006

something sounds very wrong here and I am not sure how your atty is handling it? My initial questions are:

1. When did YOU sign the contract?
2. Like ALI said, I assume this is an all cash deal because how can u get a loan without a executed contract for a transaction?
3. Is this a coop or condo or townhouse? I assume coop or condo, so did that application process happen?
4. Who is guiding you here? Your atty or a buyers broker?

Agree, this kind of sounds unrealistic to me. I hope at least. If its real, then we need to answer some of the questions above first and find out what is going on here.

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Response by drdrd
over 12 years ago
Posts: 1905
Member since: Apr 2007

It's an HDFC apartment in Harlem, I believe. Read his other threads here on SE.

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Response by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013

They signed the contract but we haven't closed yet. I think their attorney is a much older gent and the building hasn't turned over any apartments in a very long time.

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Response by FreebirdNYC
over 12 years ago
Posts: 337
Member since: Jun 2007

So... did you close? Also wise move changing your name to Anonymous

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