Thursday, December 4, 2008


No, this post isn't even about Ethan changing his mind every day about the movers. It's not. Because I have told him he is not allowed to talk to me about movers again until he simply says YES or NO and then cannot change his mind after that. He is turning into his mother. The indecisiveness (bad spelling) is really getting to me!

We had a call from our realtor yesterday (2 days before we are supposed to close) saying the seller had just told her (they are neighbors) that they are getting a settlement as part of a lawsuit againt the builder. Its one of those class action types, common in newer homes. Our realtor never participated in the suit because she didn't have any problems with her home. According to the sellers they didn't have any problems either but joined "just in case." So, this should have been disclosed to us during the disclosure process weeks ago.

The problem is that when they sign the settlement agreement they could possibly be signing away our rights as "successors or assignees" to the home warranty. The home has 2 yrs left on a 10 yr warranty. Not to mention, what kind of damage are the home owners complaining about? Is this minor or MAJOR. We don't think it is a deal breaker per se, but it is a delay. Then we find out if we don't close tomorrow our lender is going to charge $450 a week to hold our loan. The attorneys for the homeowners said to get the documents from the county which will take days/weeks. I have the attorney I worked for in the loop guiding me which is great. I was even able to get online and get the case # and some info within about 5 min of hearing about it.

My attorney thinks they are doing this on purpose and were hoping we would just let it slide. I'm not sure if that is the case but if they were going to go ahead and let us close tomorrow, they would be signing a settlement agreement and they were no longer the home owners. Didn't they think of that? Didn't it bother them that they were going to get money to fix something that could potentially go wrong in their home, if it hadn't gone wrong already, but not own the house anymore and leave us with this potential problem?


We got late breaking news last night and we closed this morning! We were able to get information from the attorneys about the problems some homeowners in the subdivision were complaining about. They were very minor. We trust our home inspector so all is good. We are getting the keys in a few hrs so i'll have pics.

1 comment:

Judy said...

YAYAYAYAYAY! Congratulations!

**big sigh of relief now**

SO excited for the Alger clan! =)