Legal Question in Real Estate Law in Ohio

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On Sept 15 we signed a contract to purchase a home. It was in the contract that the deal close within 30 days or we would be required to pay $40 a day until it closed if it was our fault. My question is this:

It's been 2 months now and this sale has still not closed! Due to the sellers delay. We've already given our lease notice and are to be out in 2 weeks. The sellers stated we could begin cleanup on the home. We've spent over $200 in supplies and over $200 getting utilities turned on. We are paying approximately $75-$100 a month for utilities and can't move into the home due to the sellers delay. The home has been vandalized as well. We are out $$$ and being inconveinenced due to sellers delay. They would be charging us if it was our delay so what can we do?


Asked on 11/17/04, 8:34 pm

1 Answer from Attorneys
Harold Hom Harold L. Hom Co., LPA

Re: Home

There are a number of actions that may be taken. First, you should ask the escrow agent or your real estate agent why closing is being delayed. What is the seller failing to do or is it something beyond the seller's control? You could hire an attorney to threaten a lawsuit if the seller fails to act. Second, you could ask the seller if you could enter into a temporary lease with the seller that will allow you to live in the house for a period of time or until closing occurs, whichever occurs first. Unfortunately, you have no provision in the contract that allows you to charge seller $40 per day if the seller fails to act.

Harold L. Hom

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Answered on 11/21/04, 6:19 pm


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