Sorry for the second answer I just read what you wrote.
Just stay tough with these people, do not sign the agreement, send them a counter offer, instead asking them to pay for your expenses because they were the ones at fault, and if payment is due then they should actually be paying you instead. While they are busy having a tissy fit, go ahead and fund and close your loan.
So when the seller failed to provide the needed documents, and the seller's agent was too lame to understand that it was important, I would be giving them all a polite call asking for it.
I recommend all agents send over notices in writing whenever someone is not living up to the contract, otherwise the guilty party will try to claim that it clearly must not have been a problem or you would have said something.
Of course if i were the lender I would be doing that for your agent, that eases the stress quite a bit.
Keep in mind the seller has probably made commitments, say purchased another house and now may be late closing that one, and most likely is getting the same pressure from that seller who has made commitments.
That is unless as Kat Becker so correctly pointed out, that Banks tend to do this when selling homes. It seems all of the rules that apply to you must be enforced, all of the rules that apply to them do not apply.
I would go back to the contract and point out that the contract calls for these documents on or before a certain date and put in writing that was the problem.
However, in your case, if you were not provided with the HOA documents and the Termite Report within the time stated in your contract, a Notice to Seller to Perform should have been signed by you and sent to the Seller. Also, once you receive the HOA documents and Termite Report from the Seller and/or Seller's agent to review, you still have so many days from the day you receive them to approve and/or disapprove them. So you need to revert back to your contract for your contingency dates.
In your case, because you are being charged a per-deim, it sounds like this may be a bank owned property you are purchasing.
Did your agent ever have you sign a Notice to Seller to Perform? It sounds like you have done everything in your power to close this transaction, and the Seller and/or their agents did not perform.
The Seller's agent should pay the per-diem if it was their fault for delay or ask for the Seller to waive the per- diem. I would have your Agent or their Broker speak with the Selling Agent's Broker to work this out. You should not be charged a per-diem. Perhaps the Seller will waive it.
You might also want to speak with a real estate attorney for your rights and options.
All the best,
If you don't have an agent looking out for you, best best is to consult with a real estate attorney.
By the way, were you represented by a buyer's agent? If so, what is your agent doing about it? If you were not represented by your own agent, now you understand why we Realtors always advise buyers and sellers to have their own agent.
From what you point out, it seems the seller's agent is not being ethical.
This is not legal advise, but it seems like an easy situation to fix, with just a few phone calls and well placed emails to get the other agent to do their job.
Hope you get everything resolved.