Legal Question in Real Estate Law in New York

Failed closing who pays?

My husband put a contract on a home.Under the contract, the seller was supposed to pay closing fees.The contract was never completed.As we ran into a snag during financing, we asked for an extention, which the seller agreed to & after which seller phoned us stating that they weren't selling if not closed by extended date.Unable to finance, no other papers signed.Our lawyer told us to let him drop, and we would not be responsible for any other fees(except of course, we still had to pay him!). Seller now wants title search & survey fees paid by us in the amount of$350 we paid$425 already for property insp and our lawyer.Do we have to pay this too?Our lawyer now changed his tune and says yes, we breached therefore we have to pay this too! Is he right?


Asked on 1/10/04, 8:22 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Failed closing who pays?

It depends on what the contract says. You can fax it to me at 212-504-8178 and call me at 212-367-9167 to discuss. I will not charge a fee for the initial consultation.

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Answered on 1/11/04, 6:22 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Failed closing who pays?

The usual contract has some language in it about how much gets paid and by whom if a bust. Look at it. Call your lawyer for a copy of you did not make one when you signed it.

Good Luck

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Answered on 1/10/04, 10:31 pm


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