From: dim@soda.csua.berkeley.edu (D. Gerasimatos)
Newsgroups: misc.consumers.house
Subject: Re: What are condsidered Attatchments when selling your home in NY???
Date: Mon, 7 Aug 2006 13:29:44 -0700 (PDT)

In article <1154979510.652031.280410@m73g2000cwd.googlegroups.com>,
  wrote:
>
>Either way the seller isnt getting his/her closing if he/she decides to
>play games.  He/she can try and sue buyer if the buyer refuses to close
>due to significant changes in condition of property.  If the house I
>just bought was significantly damaged by a falling tree prior to
>closing I would have bailed. Seller would have no recourse as the
>property had significantly changed since contract was signed.  If we
>worked out a deal fine but I would feel free to bail without
>consequence.  In NJ the standard contract pretty much states that
>property will be in same or better condition at closing.  Not worth it
>for a seller to play games esp. if he/she is counting on closing to
>purchase another property.  Much easier to exclude items one wants to
>keep.



No doubt. However, I am just letting you know that if the seller agreed
to, say, paint the kitchen and at your walkthrough you see that it has not
been painted then, if you are using a standard contract, you are still
going to close on schedule unless the seller also agrees to delay closing.
The buyer (or seller) cannot 'refuse to close' in that case. In the case
in which the house, say, burns down before closing then that's a different
story, because more than likely the lender is going to balk anyway. 


In this instance, we are talking about fixtures. If you thought you
were getting, say, the chandelier and at the walkthrough it is not there
then you are going to have to close without the chandelier and sue the
seller to recover the chandelier (or equivalent monetary damages). You
can't delay the closing or walk away from the contract, if you were using
a standard purchase agreement. 


Dimitri