Alright. Wtf. Am I wrong.
I am in NY. I had a couple posts prior.
I am agreed upon an offer on a house.
The seller disclosed there’s an unused underground oil tank. Not abandoned.
Seller said he will get an abandonment certificate if I sign the contract as he doesn’t want to waste the money.
The seller said 2 weeks is what they need to get it done. It’s been over 3 weeks since I’ve seen this house and still nothing.
Being we are in a tough market….i told my agent and my lawyer from day 1. The only way I will sign, is if we put a rider in the contract saying the seller has 14 days to get the abandonment certificate or else I can walk away. These 14 days I wanted added to the “on or about date”. It was 30 days prior. I would want it changed to 45 days.
Essentially the seller would be getting what he wants with my contract fulfilled, and my deposit.
I would get a 2 week period of leverage where I don’t have to start my mortgage application, or waste money on appraisal, survey and title. Until I get the certificate.
Well today I was told the seller agreed…..my lawyer put in the contract “seller shall have the oil tank abandoned and provide the purchaser with the certificate. Purchaser may hold off ordering the appraisal or survey until the oil tank certificate is provided.”
I asked my lawyer, can I walk away with my down payment if they don’t provide it within 2 weeks. She said that’s “another story”.
So I told her once again, as I’ve said it many times. If I am signing the contract, and leaving my deposit I very simply am giving the buyer 14 days to produce a certificate or I can walk away.
I have a feeling it’s been going on way too long and the seller is going to back out now. Even tho I was very clear with my wording, my lawyer seemed to not have wrote my intentions clear.
Am I overreacting? I’m unsure why the seller isn’t getting his certificate. I also know underground oil tanks can be a nightmare if they leaked.
I didn’t think I was being unreasonable with my request. But maybe the standard for people is to just put that it needs to be had by closing? I just don’t want to waste my time or money on unnecessary shit.