Listing Agent changed locks & Lock Box (even my agent can't get in)! How do I get out of the Signed P&S (with my Deposit back)?
Question Details: The pipes had frozen, listing agents plumber procrastinating getting fixed - without Water on, the Gas can't be turned on. Without Utilities on, it can't be Inspected. The way the P&S is written, I lost all Inspection excuses after 10 days - it will be over 30 days before it can be Inspected. No way of contacting the Listing Agent, my Agent had to drive over to let in any Utility Servicemen, Repairmen, Estimators, Inspectors, Contractors or Appraisers. Act of changing locks appears as if they are backing out of the deal. How do I get out of the Contract, maybe with my Deposit back?
Sounds as though you want out of the contract too. Does the P&S have a clause that indicates "time of the essence?" If so, when the date to close has passed you can say that you were willing and able to purchase but the sellers weren't and at this point you would simply request your deposit back. Alternatively, they would be in breach of contract for not repairing the broken items and although without the "time of the essence" clause in the contract they would need to cure any defects within a reasonable time. A reasonable time is hard to pin point, it is like nailing jello to a wall. Either way, at a minimum, you would be entitled to your deposit back. If seller fails to give your deposit back and instead hands the money over to the real estate board or RI treasury, you can file a suit and may be entitled to get paid for your out of pocket expenses including attorney fees. Hope this helped, good luck.
