One Of The Owners Of House We're Under Contract With Was Deported, Possibly Unable To Sign To Close On House
Location: Massachusetts
We are under contract for a house in Massachusetts. We were supposed to close 2 weeks ago per our accepted offer. At the time of the open house we were told that the owners were in "an unfortunate situation and needed to leave the country". 2 weeks after our offer was accepted, we were told they didnt have money to close on a Monday, we really liked the house, were trying to figure out a solution and then they said actually we barely can close on the following Friday. The next Monday they came back again like actually no we need you to cover your agents commission, we got them to agree to pay some of it, but we took on additional closing costs for his commission. The purchase and sale agreement was signed with a closing date of 1 week ago. Because of delays in funding our loan with the drama from the sellers and it being a manual underwrite, we had to change financing options to a conventional loan with further delayed the closing date. At the time we found this out, (5/26) we were told it had just been disclosed that the property is pre-foreclosure. Got our loan approved, but because of the delays, the closing date was pushed again. Not only this but after asking for an updated mortgage pay off statement/extension on the payoff, our lawyers were ignored for 3 days until it expired and then found out that the sellers were still not paid off, with a balance of over 2.5k. Our team of course was trying to figure out ways to cut the costs and even willing to cut their own comission/fees to make up this amount, but now we found out that one of the owners was actually deported to Venezuela and has been there this whole time. They claim not to have money to get a notary there to sign to close with regular notaries but are looking into doing it at the US embassy in Caracas. It sounds like this would likely be an issue for a POA to sign over the house as well. As we heard this, we were literally driving across the country to close on the house and move in. We are now living in hotels until we figure something out as it was so last minute that we found out about this. If they are unable to sign to close, would we be able to sue for damages, fraud, breach of contract, or anything to recover the damages for inspection, appraisal, hotel costs? This is something they should've known in advance given the guy was deported prior to listing the house and I would think that if they never had the ability to sell the house because of the situation, it would be fraudulent to go under contract without the ability to sell it.
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