Buying property, before putting in an offer our realtor asked if the easement that was advertised in the listing would be completed (trees cleared) prior to closing, he responded ‘yes, it will go up to the property line’.(in writing) Now the seller wants us to pay $3500 to complete the easement one week after accepting our offer. The easement is half completed, but def not to the property line like they said or advertised. We got a text today that the seller will not be finishing and it will remain in its current state, obviously this will tack on more cost for us that we weren’t aware of prior to our offer.. now what?!
Posted by Fancy_Pen_5888
14 Comments
What’s in your purchase contract? If it states seller will complete the easement, then it’s their responsibility.
If it says it’s their responsibility in the contract, and they back out, it’s legal, it’s their property, but you should get your earnest money back and the contract is dead
Legal, yes.
Let them know that your offer was based on an executed easement to the property line being in place prior to the closing. Presumably you have not signed your offer, or if you have that contingencies allowing you to walk while while getting your ED back are in place.
Now you counter with $3500 off at closing to compensate you for the cost of completing it.
What state?
We don’t know where you are in the contract process. Is clearing the trees included as a contingency in the contract or an addendum? Are there open contingencies? Your agent should advise you.
Threaten to cancel. Get the brokers involved and maybe the MLS where this was listed. It sounds like the seller’s agent may be taking a hit on their commission. But have your realtor take it to the brokers.
Assuming the facts are correct in the OPs post, you have the option to reject the change in terms proposed by the seller. If the easement work is in writing and signed by both parties, the seller is obligated to complete the job before closing.
what kind of easement was this, and why do you need it?
Depends on if its in your contract or not.
Have the closer put the money to finish the job in escrow from the proceeds of the sale or just say, TOO BAD, find another buyer that can close now, at the closing table.
Either accept it, or reject it, or accept with a reduction in price. How bad do you want it or how much did this piss you off?
It is an easement, what type? Utility , ingress, or ? You cannot build on an easement or put any permanent structure blocking so why is this so important? Unless it was conditioned in the EM agreement and signed around all you can do is threaten to back out .. your realtor should have covered this in the EM agreement.
Walk away.
I’d ask your lawyer to hold back funds. The property was advertised as such, and you do have confirmation from their agent that this ( whatever it is ) would be done. So tell your lawyer to hold back the funds in the amount it would cost to finish it. Then tell them to go sue their own agent for falsely representing the property.