Denver, CO asked in Real Estate Law for Colorado

Q: We were suppose to close on our house on Friday sep 21 4pm , on the date of closing found out the house was in pre

Foreclosure, was not able to close had u haul resivered, and we needed to be out of our house by sep 24th 10am we just found out we close Tues 25th 3pm and I am now out money for longer time with the u haul I have lost money in food out of my fridge and now a hotel is there any legal action can be taken we had no idea the new house was in pre foreclosure

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1 Lawyer Answer

A: As to the delays and resulting costs, this is largely dependent on your contract. With such a tight time frame, careful drafting of the contract might have addressed this issue and possibly provided for this type of damages to come out of the purchase price or to allow you to take possession on the original closing date and "rent" the house until the actual closing occurred (things that may not have been accepted by a lender anyway if the lender was actually controlling the negotiations behind the scenes).

In the standard form that is common in Colorado, your likely remedies are probably found in Section 21.2 unless you used a different contract, revised the standard form, or added additional provisions to address closing delays specifically. In 21.2, your remedies (assuming you want to still buy the house) would possibly allow your damages that you claim you sustained from seller's failure to meet the original closing deadline.

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