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I'm 3 days from closing a condo.  The paperwork started in November.  We had trouble with the lenders, and closing about 4 weeks late than the original agreed date.  

Two weeks ago, the sellers asked for a per diem of $40/day for every day that we close late.  According to the lender and broker, they said it was normal.  I didn't want to pay, so the lender worked with me and will discount my closing fees to make up for that.  Either way, I'm paying something.

Now, 3 days from closing the seller agent disclosed that they had a mice problem back in November, and "seems" to be under control now for the unit I'm purchasing.  However, they said that some of the neighbors are having problems with mice now.

Now, I'm stuck.  I want the sellers to fix the mice problem correctly, but for every day we delay closing, I have to pay $40/day.  So, I only see a lose/lose situation for me.  Either, I close and deal with mice problems and expend my money to fix it, or I postpone  the closing and pay the sellers per diem.  The broker I'm working with said that there isn't any problems now.  So, it should be ok.  But, I said that if the neighbors have problems, the mice can come back unless they get eliminated because they multiply fast. 

I don't have any more escape clause for the contract.  I think I will lose my escrow deposit if I walk out, and I don't want to lose that.

Does anyone has any ideas on what I can do?

Thanks in advance!

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rated:
1) Confused? If the lender is discounting the closing costs, aren't they paying the $40 per day?
2) Ask the seller for a couple of hundred dollars to pay for an exterminator.
3) If the couple of hundred dollars for the exterminator is enough to stop you from buying the condo, I think there might be a bigger issue.

rated:
Around here an annual pest control contract costs about $300-$350. They'll come and place traps any time you spot any mice for an unlimited number of visits during the contract. So, you could ask them to pay for that.
Also, does the condo association have a pest control contract? If more than one unit has mice, you would think they would do that to place traps near entrances and in certain common areas.

rated:
Get a cat.

rated:
afidco said:   I don't have any more escape clause for the contract.  I think I will lose my escrow deposit if I walk out, and I don't want to lose that.
yes you do. you have the final walkthrough. and you have a disclosure from the seller that occurred after the inspection period, such that the resolution of it would need to be satisfied prior to that final walkthrough.

frankly, they were dumb to mention it to you.

The realtors realize this fact: you have the cards. you will get your EMD back if you back out because they didn't deal with the mice problem to your satisfaction. AND the seller would get nothing for the time that it's taken so far. yes, you stand to lose the appraisal cost, but that's not typically as much value as what the seller stands to lose.

I would ask for a rodent treatment contract at a minimum. if you want to play your hand - YOU demand that the seller pays YOU for any delays due to their non-disclosure and remediation.

also - if your agent told you that you'd lose your EMD if you walked away now, then never use that agent again.

rated:
If the nearest fire station is only 1/4 mile away, back out of the sale immediately, using the mice infestation as the excuse.

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afidco said:   I'm 3 days from closing a condo.  The paperwork started in November.  We had trouble with the lenders, and closing about 4 weeks late than the original agreed date.  

Two weeks ago, the sellers asked for a per diem of $40/day for every day that we close late.  According to the lender and broker, they said it was normal.  I didn't want to pay, so the lender worked with me and will discount my closing fees to make up for that.  Either way, I'm paying something.

Now, 3 days from closing the seller agent disclosed that they had a mice problem back in November, and "seems" to be under control now for the unit I'm purchasing.  However, they said that some of the neighbors are having problems with mice now.

Now, I'm stuck.  I want the sellers to fix the mice problem correctly, but for every day we delay closing, I have to pay $40/day.  So, I only see a lose/lose situation for me.  Either, I close and deal with mice problems and expend my money to fix it, or I postpone  the closing and pay the sellers per diem.  The broker I'm working with said that there isn't any problems now.  So, it should be ok.  But, I said that if the neighbors have problems, the mice can come back unless they get eliminated because they multiply fast. 

I don't have any more escape clause for the contract.  I think I will lose my escrow deposit if I walk out, and I don't want to lose that.

Does anyone has any ideas on what I can do?

Thanks in advance!

  
Sounds like you're regretting your purchase.  Did you sign away all of your contingencies?

Worse case, you own the condo.  Fix it up and flip it to the next sucker. Seems to be working, right?

rated:
qcumber98 said:   Get a cat.
  house will smell like cat pee and when you try to sell, the next buyer will back out because of cat smell

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