Raining Cats And Blogs: January 2011

Client E-Mail Question #5 >>> Closed But Not Finished

Following is an e-mail from an actual client, followed by my response to it:


*Some background: I acted as a Buyer’s Agent in this transaction which had closed a month prior. In the contract it was agreed to by both parties that the seller be allowed thirty days to return to the property to remove a large storage building he wanted to keep, but was going to have to have professionally moved due to its structure and size.

Thirty days passed and no word from the seller. This is where this e-mail comes in…


 Hey Sheila….as you know, I agreed to give (The Sellers) 30 days to get this building….no one has called me or come by here or made any attempt to follow through with that request since we closed over 30 days ago….For somebody who made such a big deal out of this building, they sure don’t act like they want it….I want to make sure with you that the building is now mine and they have no claim to it….It will not be good if they show up one of these days wanting it because we had an agreement….Am I right about that?  Jake


Hi Jake!

It’s great to hear from you; I hope you and your son are settling into your new home and enjoying the property. When we were just looking early on, I fell in love with that land and I just knew it was right for you guys! I am so glad we came back to it!

To answer your question, YES…you are absolutely correct – the seller waived his right to come and get the building within the specified time, therefore he relinquishes ownership of that building. We were very clear with our verbiage in the addendum, and now that is going to pay off, especially if they try to challenge it.

A couple of things for you to consider…1) When this issue was part of the sales contract, it was contractual. Now, if it is challenged, in addition to contractual, it becomes a legal issue (the enforcement of it). For this reason, I urge you to have an attorney peek at it and find out what recourse you would take IF they do decide to still claim the building. This will give you peace of mind as well as the knowledge you will need to deal with it if you have to, and 2)Let’s try to reach them and get it from the source that they understand they no longer have any claim to the building. I really feel that this would be a smart thing to do. It will enlighten us as to what is going on with them (someone could have died, there could have been a tragedy OR they could have just decided to give it up), and this will take all the guesswork and wondering if they may show up at any minute out of the picture.

I will contact the listing agent today and see if she knows what is up with them. If she doesn’t, she can probably find out. That way we will know…no mysteries. Don't pay an attorney until we know if we can reach them -- there may be no need, so just hold off on that for now.

Let me know what you think. And thanks for dropping me a line…we definitely want to wrap this up so you can get on with your life!

Sheila   : )

If you are looking to buy or sell a home in the  Anderson or Greenville SC real estate areas, visit our website at www.SheilaNewtonTeam.com for tons of great information.


Sheila Newton   
Sheila Newton Team 
Berkshire Hathaway HomeServices -
C. Dan Joyner, Realtors
864-225-1205 (direct)
864-940-6377 (mobile)


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