At this point it sounds like your best course of action would be to either speak to a good Real Estate Attorney or cancel the sale due to failure to perform according to the contract. If it helps at all, most transactions are not so frustrating and difficult.
Don't get lost in all the details. Three words - Notice to Perform.
If you're truly fed up, have your attorney or broker deliver a notice to perform to escrow. If the Buyer does not perform under the conditions, move on.
Sorry to hear you're having trouble, I hope it resolves itself favorably.
Allan S. Glass
ASG Real Estate Inc. Â®
149 S. Barrington Ave, Suite #660
Los Angeles . CA 90049
Direct: 213.973.8637 (213.97.FUNDS)
CA License: 01154002
Visit Allanâ€™s Blog: http://allanglass.featuredblog.com
Below is ICON Residential's contact info ... and yes I agree, they are horrible. I did one loan with them many years ago and had an extremely aggravating experience. 2 weeks in underwriting and half the items the underwriting approval asked for were already submitted. Closing that loan was like pulling teeth.
So as you can see, it lists their corporate office phone number... but what is really more important is to contact those area sales managers. You can actually just email all 5 of them in the same email and tell them you are a seller on a transaction with [Buyer's Name] and you are about to cancel the sale unless your buyers loan funds by XX/XX/XXXX date. Those area sales managers are paid a small amount when one of their brokers loans fund, so they'll have an interest in you not cancelling. Hopefully that'll help you get an answer on when it will fund. If I was the loan officer, I'd be a little upset that the seller went "over my head" and contacted the lender we were funding the loan with, but if it's been 90 days and the loan officer can't get any straight answers for you or your agent then I don't see what other option you have other than twiddling your thumbs or cancelling the transaction.
And for those who haven't read and think this is a sale in California, read the posters follow up information like Sona did.. it's a sale in Hawai'i.
Shane Milne | Lending in all 50 states | NMLS #81195
shane@thebesthomeloans | 949-273-4161 direct
In the event that the buyers try to sue you to get you to sell, I can't see any way a judge rules in their favor based on your rendition of events, but if you want a legal opinion you need to speak with an RE attorney.
Lance King/Owner-Managing Broker
Which island is your property located? I have friends with property on Maui and Kauai, maybe can refer you to a more prepared buyer who can close.
Good luck, let me know if I can help.