<p>Still waiting. DS is now flying into Oakland. & I’m still waiting to hear from my realtor about the extension and the possibility of moving in before we close. Yes, momofchris - they are all still telling me that they’ll give the loan if I handle my finances myself or get a co-signer no matter who I talk with. My doctor has agreed I can handle my fiances so on my list of things to do today is all social security to find out if they’ve received my docs letter and if they’ve approved it. And once they get the letter, they’re ready to close - but if social security doesn’t agree for some reason, I’ll go with the second lender.<br>
I went out yesterday and bought a new sofa and some holiday decorations (all of our xmas decorations have been packed and moved). I’d thought I’d get the new sofa after we moved but I’m tired of waiting and I found something I like - it should be delivered tomorrow.<br>
I keep thinking of whoever posted “you sure lead an interesting life”. For some reason that comment has really helped me through all of this - as long as I can think of this as an interesting adventure, I feel so much less stressed by it all. Again, thank you all!</p>
<p>Oakland, I hope you and your S have a very Merry Christmas and get the best news possible regarding your loan situation.</p>
<p>On Wednesday I’d received a call from the escrow company, all the documents on both the sale of my Oakland house & the purchase of the L-shaped house were ready for me to sign. Thursday 12/20, I signed all the documents. The escrow officer said that my buyers lender had emailed and said the buyer’s loan documents were on there way. Friday they still hadn’t appeared. Its early Sunday morning 12/23 and I receive an email from my agent in Oakland that he’s received from my buyer: </p>
<p>"I noticed that everytime I walked to your house, the two guard dogs at next door barked loudly. These dogs are always outside, so I was concerned that they might bark at night as well, and prevent me from sleeping once I moved there. I took several walks to your house in the evening, confirming that the dogs barked in the evening as well. Several days later, I introduced myself to your neighbors and inquired about their dogs. Your neighbors assured me that I did not need to worry about their dogs barking and preventing me from sleeping during the night, as they took the dogs in before they went to sleep. I left reassured, and willing to stay in contract. </p>
<p>However, over the last couple of days, I have walked over to your house very late at night and the dogs were again barking loudly. I went back again in the middle of the night, and found the same situation. This nuisance is serious enough that I would not be able to sleep at night, were I to purchase the property. </p>
<p>For the reason described above, I am withdrawing my purchase offer. I’m sorry for both of us that this is happening so late in the loan process, as I would have withdrawn my offer sooner had this nuisance been disclosed previously."</p>
<p>So after all these months my buyer has decided to cancel. I rarely hear the dogs next door bark at night. My agent has re-listed the house, sent emails to everyone who was interested. I am stunned, angry, full of tears this morning. From here, we probably go to mediation. My agent and I agree that the dogs are not the real reason they are canceling this late in the game. oh dear me.</p>
<p>oakland mom - wow - that’s really too bad. Hang in there…I have a feeling 2008 will be a much better year for you. In the meantime, a trip away from it all - even if it’s just for a few days may help. Remember, you have your health and your DS with you. All the best to you…</p>
<p>Oaklandmom-
How awful that they renegged this late in the game! I agree that it is likely something else that caused them to pull out, and I hope your mediation goes well. At the very least, I hope the down payment that they gave you, which should be non-refundable at this point, is enough to cover the mortgage on your current home long enough to keep you out of any financial challenge, and for you to sell your home to someone who really deserves it. Good luck!</p>
<p>oh, oaklandmom, I am so sorry for your aggravation. Some buyers just get “cold feet” at the last moment. Did you work with an attorney on your contract of sale. In my state on the other coast, buyer’s must usually put down a significant deposit, non-refundable in many cases. I hope that you come out of this with an even better offer. It is just so aggravating for now, and at this holiday time must be so frustrating! Hugs and good thoughts coming your way.</p>
<p>You totally do not deserve the buyer from heck! I hope things work out for the best, and 2008 gives you smooth sailing!</p>
<p>I didn’t know one could back out at this date. Can they really? I once wanted to cancel a deal much earlier in the process and was not able to do so.
What does your lawyer say?</p>
<p>I am so sorry. When dreams are pummeled it is especially bruising. Keep your chin up and welcome all good energy. Things will turn out well somehow. I just feel it.</p>
<p>Wow, sorry to hear about this happening so late in the deal? I think the dog is a lame excuse (like what control do you really have over someone elses dog?) I hope the mediation goes your way.</p>
<p>thank you all. Yes, there is a $10,000 non-refundable deposit and there are no contingencies in the contract. I’m guessing the buyer is using the dog as something I “didn’t disclose” to try to get out of the contract without losing the $10,000 plus the $100 per day she was paying to extend beyond Dec 11. I’ve already spoken with neighbors this morning and I’m getting letters from them saying the dogs don’t bark constantly. It does look like I have mediation to forward to in the new year. I am so worn by all of this and will try to put it all aside to enjoy the holidays and having DS home.<br>
I hope you all are finding peace and happiness this holiday season. I truly appreciate and want to thank you all for all the support I receive here on CC.</p>
<p>Oaklandmom:</p>
<p>Oh no. I’m so sorry to hear this. This is an obvious ploy to get out of the contract since the buyers had been aware of the dogs all along and made several trips to scope out the situation. What a bummer. Set it aside for now and enjoy your time with your wonderful son. I should think the buyers are at fault in this.</p>
<p>Oaklandmom – What a bummer! I’m so sorry to hear of this new twist in the house selling saga. I don’t know what to say. Just wanted to offer a shoulder to cry on. I hope you can put this aside for a little while and enjoy the holidays with your son, and come back strong in the New Year!</p>
<p>Good golly miss molly, this story just doesn’t end! I also am surprised that the buyers can back out this far into the deal (guard dogs, really? Or are they just pets?). Whoever it was that said you sure lead an interesting life surely did hit the nail on the head! Great fodder for one of those “slices of life” classic books. Hang in there, keep your chin up, enjoy your time with your wonderful son, and welcome the new year with lots of laughter.</p>
<p>In deed this just doesn’t seem to end. The dogs next door are pets, a golden retriever and a lab mix. The lab is so timid she won’t leave the yard when the gate is open. The golden, steps into the front and politely waits in the yard for her owner to return or for me to see her and ask her to go back into the backyard. They are both very sweet.
If you’ve not seen the other thread “unethical attorneys” - an update - I called a real estate attorney yesterday. She felt I would easily win in arbitration and the buyer will be the one to lose even more than just her deposit. She also suggested we offer the buyer an extension (which I’d asked my agent to do yesterday a.m. before I talked to the attorney). We’ll send the buyer the offer of an extension this morning. My agent was taking off yesterday to spend time with his high school senior.<br>
Today is my day for formulating a plan - what to unpack, should I do some of the work that needs to be done that this buyer found during inspections(house is being sold “as is” and buyer was willing to do the work)? Try to figure out if the purchase on the L-shaped house can be salvaged. & along the way, spend time with DS.</p>
<p>If they had been dobermans, pit bulls or other actual ferocious-type guard dogs, I can see the concern the buyer might have had, however belatedly. But come on, everyone knows Labs will be happy to show you where the family valuables are! Oh brother.</p>
<p>Hope you can take them to the cleaners - don’t give them too much of an extension, they haven’t been doing you ANY favors. You need a break. Don’t make work for yourself unless it will help you blow off steam/feel productive/pass the time, etc. Make the most of your time with your son.</p>