Hello,
I need help from a lawyer on this site. It’s a long story but the basically I have a townhouse for sale in Florida. I have a contract to purchase with 10% down. The buyer was first in default becasue they were unable to close on the agreed upon date because they had not sold there house. The was no Hubbard contingency on my house. I actually thought that she had already sold her house. We dicussed everything and pushed back the sale date as her buyer came up with the financing.
The assocation requires that they receive the buyers application 40 days prior to closing. They run a background check and interview the buyer. The buyer never handed in the application until the day before closing. Therefore we are all at the closing table and the association never sent over the approval form because they had not even looked at it. Then the association states that they have an issue with my unit because there was a screened in porch that was enclosed with glass.
I never enclosed this porch and so far I have been able to find out from previous owners that the enclosure goes back seven years. I got the association to approve the enclosure and they scheduled the interview with the buyer yesterday.
Apparently the buyer showed up to the interview with her lawyer and they refused to finish the interview as they stated they had a questions for me. At this point I think the buyer is scared and she is trying to back out. I was told that the buyer want to know if permits were ever pulled to enclose this screen porch from the city but again I did not enclose and never knew it was issue with the association as it has closed twice (including mine) and it has never been a problem. It is only a problem know becasue one of the board memebers noticed it. I just found out about it when we were originally going to close. Nevertheless the board approved it.
Can the buyer back out at this time or will she be in default? I was completely honest in everything I told and wrote down about the the house. I don;t know if permits were pulled because I bought the house this way and did not enclose the porch. Also is there a statue of limitations on this. To make things more complicated when this enclosure was done at least going back 7 years ago the town I live in was not part of the city but part of the county. It has not been annexed into the city.
I would greatly appreciate any info…?
I am going nuts!!
Hinestro