I am currently in escrow. The seller has the only keys to the house, and he will not open up his schedule to allow the appraisor into the house before the end of contingency. All we need is the appraisal done, and we can life all contingencies. Our 17 day contingency period was up on Thursday, and he had yet to allow the appraisor in. He sent a notice to perform, demanding we end contingencies, even though the appraisal was not yet completed. He sent us an email declaring the transaction over since we did not close contingencies.
My realtor says the notice to perform has a minimum two business days to comply, so we have until the end of Monday. We want to close contingencies, but only after the appraisal, which the seller is obstructing. How do we finish this deal? Are we in breach if we don't end contingencies by end of day tomorrow?
2 Answers from Attorneys
It sounds to me like you have a bad seller, and your agent does not know what he or she is doing. It sounds as though the seller is trying to breach, without looking to breach, to keep your earnest money deposit. I don't think you should lift the contingencies, since you need the appraisal to get financing.
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