Legal Question in Real Estate Law in Massachusetts
Ability to move a closing date
I am currently selling a condo. With the funds from the sale of the condo, I am purchasing a house. All steps have taken place (i.e., signing of the P&S, inspection, financing committment) except for the settlement. The closing dates are staggered so that I close on the sale of the condo the day before I close on the purchase of the house.
While the buyer of the condo was securing her financing, her lawyer faxed an extension request for the commitment date and the closing. I told my lawyer that I would give two extra days for the financing (which she met) but I would not change the closing date because I need the funds to purchase the house the next day.
He took it upon himself to sign the extension for the CLOSING anyway. I did not find out about this until after the fact. I've notified everyone involved that he misrepresented me, but should I take legal action against him, or dismiss him? I've never signed over power of attorney to him, is his extension legal?
The sellers of the house I am buying are refusing to move the closing date because they are buying another house as well.
1 Answer from Attorneys
Re: Ability to move a closing date
Sorry to be responding so late but your question wasn't even sent to me until June 28th. I hope by now you have resolved the "closing date" issue; however, your allegation that your lawyer purposefully misrepresented you is quite serious! I am a member of the Ethics Committee of the Massachusetts Conveyancers Association, which is a private (nongovernmental) association of real estate lawyers with about 3,200 members. If you wish to discuss this with me, please call my office (781)593-7379.