Seller does not have mortgage commitment and refuse to install septic until gets commitment? No mention in Purchase and sales of seller needing commit

Asked by Want To Close Already, Plymouth County, MA Wed Sep 29, 2010

Our purchase and sales agreement does not mention the seller needing a mortgage commitment only that the seller will be closing on own home same day. We did not even know did not have commitment until asked for update on
Now found out the seller does not have mortgage commitment for home they are purchasing and will not install new spetic until they have mortgage commitment. I had my mortgage commitemnt on date specified in purchase and sales agreement-only contigent on seller installing septic. Our purchase and sales does not mention need to secure mortgage. Have been told everyday since Friday the 24th will have commitment tomorrow. What should we do?

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Fri Oct 1, 2010
When a seller signs a contract to sell their house, they have to do just that, sell it. And, if it says they have to replace the septic tank before they close, they have to. As far as closing goes, what is the closing date in your contract? Each state has different customs as far as how far past that date you can go before you are truly in violation. The contract never specifies what the seller plans to do after closing, other than vacate the premises by a certain date, if they are not out by the closing date. Again, sometimes it is customary to give the seller 5 days to move out. What does your agent say? Are you represented by a lawyer?
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Christine Mo…, Agent, Wilbraham, MA
Fri Oct 1, 2010
What I would like to tell you seller is that they do not HAVE to do anything, however most people would like to have the use of their bathroom. If the sale falls through they would have to disclose the septic problem. Things will work out, good luck.
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Donald Mituz…, Agent, Chappaqua, NY
Wed Sep 29, 2010
First, does your contract have a closing date specified that has passed? If so, have your lawyer write a letter to the seller's lawyer advising them that they are in violation of the contract and you are prepared to close immediately. Although I'm not sure in MA, in many states this starts a clock ticking where the sellers have to close within 30 days. I know that doesn't help much if you want to close right now, but you need to start the clock ticking. Talk to your lawyer and see what he or she advises.

Don Mituzas
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