David Cooper. Las Vegas Foreclosure Investor and Buyer's Agent in Bank Owned REOs with Huge Cash Flow. For FREE daily list email: firstname.lastname@example.org CALL +1-7024997037
You can't expect to get it all. Your agent already blew it on the second mortgage issue....don't push principles for nickels and dimes when you don't have a real reason to do so (other than agitating an already agitated seller) DESPITE what the contract may or may not say.
Now, if you go the per diem route on the other issue, maybe you throw in the expectation of the remote and keys being delivered to you at the seller expense if indeed the contract calls for that. But in general, the idea is to stop giving the seller reasons to be irritated with you since you are going to go outside the contract term to get this closed and need some level of seller cooperation to do so.
Your options are simple:
1. Check your purchase contract to confirm that the seller has agreed to deliver keys and remotes to you for the common areas and how many. The seller is generally only obligated to provide you with one set of keys, even if this is a 2 bedroom unit, unless otherwise stipulated in the contract.
2. If the seller has not agreed contractually to provide you keys to common areas or to only provide 'keys in his posession,' you will probably have to pay for the other keys and remotes yourself. REOs are often sold and delivered without all the keys being transferred to the buyer, so it is likely that this seller is telling the truth about the actual keys he has in his possession.
3. If the seller, however, has agreed contractually to provide you all keys and remotes, including to the common areas, and is still refusing to pay for/provide them, contact the agent/seller's real estate manager and seek his/her assistance in resolving the matter.
4. If the contract does not provide for you to get specific keys and remotes to the common areas due to the negligence of your buyer's agent, it is reasonable for you to ask your buyer's agent to pay for the set of keys and remotes you need to access the common areas and garage.
5. Rather than 'hunt down' keys, it is easier to request and pay for a new set of keys and remotes from the HOA.
4. If there is agreement that the seller will provide you with keys and remotes per the contract, these items are delivered to you at the close of escrow.
Hope this helps.
Associate Broker #01142186
Keller Williams Realty
David Cooper..Las Vegas Foreclosure Investor in Bank Owned REOs with Cash Flow. Freee list email email@example.com or call for FREE daily list. +1-7024997037 .
you should have received from the CC&R's and HOA disclosures
from the property manager and your agent.
Prudential Caliofrnia Realty
David Cooper. Las Vegas Foreclosure Investor in Bank Owned REOs with Cash Flow. email or call for FREE daily list +1-7024997037 not a real estate agent
I can read the frustrationin your question. Simple truth is the Seller/agent is only obligated to deliver keys that he/she has in their possession at close of escrow UNLESS - you have stiplulated total key duplication and cost to be bourne by Seller. Yes, I agree the Seller should make some attempt to do this but their isn't an oblilgation unless agreed to in writing.
I would suggest writing the Seller a nice letter making the request and adding it to your escrow instrucitons as a escrow modification if he accepts your request.
If your request is denied, then you'll have to request your copies from the HOA/property management after you've closed escrow. You'll more than likely want to re-key the doors anyhow.
I hope this answers your questions and puts your mind at ease!
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It should be in your contract. And, if you're using C.A.R. Form RPA-CA, Revised 4/10, it should states like the following:
"Paragraph 5. E) At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms and garage door openers. If Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a
deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities."
I hope this help you.
Have a blessed day!
Risa Liebster, RealtorÂ®
Turning over the key is all after the fact - loan has funded, title has been transferred and so on - so whatever works the fastest to give the buyer the possession of the property is the main goal here.
Hope this helps.
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- David Cooper..Las Vegas Foreclosure Investor in Bank Owned REOs with Cash Flow. email or call for FREE daily list. +1-7024997037 not a real estate agent