Help!! At the end of April I signed a contract on a house. We are/ were to settle on 6/21/05. The seller had a deal fall through 2 weeks prior to that, saying that they were unable to obtain a mortgage. My realtor thought it would be safe to use the disclosure form and inspection from that sale. So I agreed. Shortly after that I obtained an attorney who also supposedly asked for the forms. On 6/1, I still had not received either. I looked at the original agreement and the realtor did not have it in writing. my lawyer suggested that I schedule my own inspection, which took place on 6/6. At that time I received a copy of the original disclosure. On the disclosure she indicated that she did not have a sump pump. She does, and it's not working. She verbally stated it it never worked for the 51/2 years she lived there.She answered "don't know" to water in crawl space and attic. How could she not know that!There was so much water the crawl space, that the wood that holds up the floor is starting to bow. The attic floor is all water stained and the wood is soft in places. One room in the house has no electricity, she claimed it happened during the trenton floods which was weeks before I signed the papers. there were other items not quite as frightening. Her lawyer is saying " Sorry, You didn't respond in a timely fashion, and so we are going to settle on the 21st, as always." My lawyer is not responding. Do I have any recourse? I'm absolutely miserable!!

You need to get your barrister's butt in gear ASAP.

It seems there is lots of "not responding in a timely fashion" going on here on both sides.

It's her lawyer's job to say "sorry, you lose" just as it's your lawyer's job to protect and defend your interests.

Based on what you say, your Realtor also did a poor/slipshod/haphazard/crummy (take your pick of any or all) job too by not insisting on a fresh home inspection during the agreed on inspection period and talking you into using someone else's inspection.

I believe your lawyer and your Realtor can find some 'out' clauses in your sales contract because of the seller's failure to provide an accurate and timely seller's disclosure.

Also, in lots of sales contracts there is a provision for pest control inspection which includes wood rot and/or damage; make sure you get that if it's in your sales contract.

Further there may be some provision about all the electrical, plumbing, HVAC, and mechanical systems being in proper working order. One room having no working electricity especially due to a flood is probably something the seller needs to address.

You need to have an immediate heart to heart talk with your real estate team and tell them it's top of the eighth inning and you're a few runs behind.

Thanks. I sent an email out to my attorney, and will follow it up on Monday. My realtor is useless, anything I ask of her, she turns over to the attorney. Okay, here's hoping for a good response. If nothing happens, can I forfeid what I have put down, and just walk away, or can they take me to court?

Ask for your earnest money to be returned; the worst they can say is no.

What happens if the sale goes south should be covered somewhere in your sales contract.

Oh my gosh! Will this work? My father is lending me the entire amount of the house, until I sell the house I am living in, at which point I will pay him back by obtaining a mortgage on the place that I have been talking about. I tried to get the mortgage on my own, but could not afford 2 mortgages and a bridge loan on a teachers salary. Couldn't I say that my Dad withdrewhis money after he saw the home inspection. He is willing to state such, that he would never purchase something that had so many major things wrong with it. Wouldn't that get me out free and clear?

You can say that, or anything else. In my opinion (I'm an agent, but I'm not your agent, and I'm not an attorney) you have nothing to lose but your earnest money, and you may get it back if you raise enough Cain.

I've had people back out with less reason than you have; and, if you are unable to get financing, that is reason. You should have some clause in your contract that will give you an out.

If you don't want to go to attorney, just cancel the contract. However, an attorney will probably be able to get your earnest money back (Minus his/her fee).

You should have gotten your own inspection! Too many time I have seen this happen, all to save a few dollars!

Hopefully, your contract is contingent on you obtaining financing. If your father refuses/withdraws your financing, you could be legally out of the deal. It all depends on how your contract was written. If your agent is worthless, I am not holding out too much hope on that end.

Let your attorney direct you!