Newbie questions about 24/7 caregivers: legal questions, etc.

<p>Hmm… the situation I described in post #716 was in NYS.</p>

<p>But that was already resolved. And there is no spill# on the house. I had dad’s house under written contract with retainer before the oil tank was removed. It was written in as a contingency, just as dharma says hers is.</p>

<p>When my dad died, my stepmother’s son came to empty the house and put it up for sale. I believe he had identified a buyer by the middle of June, a flipper. Not sure about the date of the contract. The closing didn’t take place until the second week in August. The house was owned free and clear, sold as-is to someone who didn’t really care because the day of the closing he already had two giant dumpsters in the driveway and on the street to strip it down to the beams.</p>

<p>The lawyers don’t need much time- most contracts, as CF notes, are boilerplate, with some added phrasing. And she hasn’t said the buyer-signed contract and check are stuck at his attorney’s office. As far as we know, the buyer has not signed, right?</p>

<p>He could be waiting for the soil report- but so much here is confusing- who said what, whose intentions are what, what’s clear and what’s assumed versus confirmed.</p>

<p>Oldmom,
Thats 2 mos from identified purchaser to closing. We are almost at 2 mos and no contract.</p>

<p>Jym, that was the visual. On Oct 18 D said, “…in three wks or less we will have a letter confirming the cleanliness of the soil…” But I agree the final stages are taking mysteriously long. </p>

<p>I understand, but as long as there was no spill number assigned, there should be no problem moving forward.</p>

<p>To clarify, when my dad’s tank was removed, they could see the evidence of a small leak (am guessing oil is dark and viscous in the hard packed soil). They had to report that to the Dept of environmental conservation and a spill # was assigned within 24 hrs. They did the soil removal that day as well and then sent the clean soil to be tested in the lab. Once that came back clean, the spill # was removed. In this case there was no spill # ever assigned, so there is nothing but the formality/confirmation that the soil is fine. Oh, and as an aside, for $500 you can fast track that report. We and the buyer split that cost as we both wanted to move that along quickly. Was this not mentioned to Dharma and the realtor?? If the realtor has been selling in that area for a long time,this should, I would think, be common knowledge</p>

<p>I looked in my old notes. The oil/soil cleanup guy said the turnaround from when the soil is picked up and tested is (or was then) 5-7 days. Expedited lab results were provided in 48 hours for $525 (we split that). The NYSDEC spill # log is updated on Fridays, and the 3 week refers to removing a # from the log, but there was no spill, so no spill number assigned, and no log to update. They could have gotten the soil tested in 48 hrs. Its been at least a week.</p>

<p>I’m not talking about the closing. I’m talking about the contract of sale. Two months from signing of contract to closing doesn’t sound out of line, but we aren’t at the signing of contract yet, in Dharma’s telling.</p>

<p>Dharma said the tank was removed a week ago Weds. (10/14).</p>

<p>And 2 mos from contract to closing is about what ours was too, but we had the tank removal/frozen soil and unknown waterpipe in the way/snow/winter holidays in there as well. Contract was signed in Nov. Closing was in January. BTW, my response (#724) was to oldmom and her 2 mos from finding buyer to closing (#722).</p>

<p>This potential buyer may be eager, but he can’t even start to get a mortgage on this property until he has a contract of sale. I don’t understand all the lollygagging by Dharma’s agent. Unless there is a contract of sale and we haven’t heard about it?</p>

<p>What happened, why some choices were made and others not, is all confusing. </p>

<p>The only thing I can guess, from all the words, is maybe the two agents know each other well enough- and have a solid enough professional history together- that his has assured hers. That’s my positive spin. Same as, since no one at the NH has rushed Mom back to the hospital, I assume she is progressing per general expectations.</p>

<p>I thought she said the realtor said the buyer had a mortgage (or at least was preapproved). I cant recall.</p>

<p>I looked forther back at my notes of almost exactly 3 years ago. Email from atty said the buyers atty was writing up the contract, and we had some small decisions to address (whether the chandeliers stayed, etc). The contract was fedexed to me at my conference in early November. I agree, this cone seems to be not moving. And the realtors should be communicating and updating, as should the atty.</p>

<p>No ignore what I deleted</p>

<p>Post # 614 from dharma says he has a fully approved mortgage.</p>

<p>Oops, that is in response to the now deleted post content, but will leave my response in case anyone was wondering about the mortage.</p>

<p>Right, 10-18:
Realtor sent me a email with two surprising remarks I did not know. First, buyer has a fully approved mortgage and will write a deposit check for $7,700 and second, that buyer’s realtor expressed to my realtor that buyer is “excited and eager to move forward.” Assuming that still stands.</p>

<p>My guess is he’s done this before.<br>
And I don’t think this would need two months from contract to close, unless there’s some new wrinkle.</p>

<p>DS#1 was looking into purchasing a house where he lives. He said that many close within 21 days of signing the contract.</p>

<p>We bought a house once with a 7 day escrow.</p>

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<p>Joke, of course not. I don’t like the way it works. I was very proactive at the NH and kept asking why her cardiologist didn’t visit her. I was told–with some firmness by several people–that her MD in the NH is the only MD to administer care to patients. .Other MDs don’t “visit.” Of course this is frustrating because the NH MD is, not to put her down, what I suppose you call a “general practicioner” and not a specialist cardiologist. As soon as she is in AL, I will take my mother to her cardiologist. Yes, I will be back to driving, and she can hardly get in and out of a car. </p>

<p>My realtor’s email of Saturday was long and full of reassurances from a number of perspectives. If I read between the lines, it sounds like “wait for me or your lawyer to call you.” Should I post it here for “analysis”/is that appropriate/ask for feedback about the letter when you see exactly what it says?</p>

<p>I asked oldmom in a PM (I hope she doesn’t mind me mentioning it), how she knows that NY is “notoriously slow.” Both the lawyer and the realtor, when I talked to them in person, speak as though this pace is completely normal.</p>

<p>I do know that the buyer’s personal realtor is the head of the company of the busiest realtor in the region. Perhaps his desk is piled way high with work and this is just normal to him. I am anxious, but wary of approaching my lawyer or realtor. In other words, I’m stuck.</p>

<p>Also, no one may be bothering to tell me, but they may be waiting for the soil-test results to come in, which can be three weeks. I will be the first to know, contacted by the oil company. </p>

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<p>LF, please explain, because Barbara is gone, and utilities, maintenance, taxes, food, etc, will soon be gone. I want to know what I’m missing in what you’re saying, so please explain. </p>

<p>LasMas, I’m sorry to tell you, I’m sure as a whole the “Senior Management Movers” movement does impressive work, but I had a bad experience with the man I consulted. He came to the house and wanted to bubble wrap every teeny tiny knicknack–it was just way overkill/overdone. And sounded very time consuming and expensive. And though I tried hard to get him to explain, I could not “get it” when he explained “setting up the room” at AL It sounded like he meant hanging her clothes and putting items in her draws (which makes no sense because during a move the dresser, for example, is moved with the drawers in the dresser–the contents are not disturbed.I can hang the clothes in seconds. But I was okay about it, but left voice mails and sent emails to him for over a week asking for a QUOTE and got not a single reply.</p>

<p>So I asked someone to come over from nearby Clancy bros, which is really close by. They can do the job on Tues. I was super annoying that I was given only six days to know for sure if mother would be assessed as being ready to move to AL. I left a voice mail saying goodbye to the senior management mover and Clancy did an assessment this morning and sent me an estimate at noon.( To his great credit, the Senior Management Mover called and spoke to my husband to apologize, and said he was waiting to “find a mover.” Huh? If he were in some kind of bind, why didn’t he communicate that to me…why the zero communication? </p>

<p>As I explained in my email reply to the Clancy man who wrote the proposal this morning , I knew nothing about the business, but was shocked that his proposal said it would cost $1,350 for a very small move a very small distance. Also, we discussed at length that the piano has to moved into my house, a few houses down the street, and that was left out of the proposal completely. So I replied, this move is for an 88 woman of limited means, please consider offering her a Senior Citizen 15-20 percent discount, and include the move of the piano in the new estimate. So now I’m wondering, will he tell me to get lost? Leave me high and dry? Reduce the price? Or say, right! We forgot the piano! That will cost even more!</p>