Manlius, NY asked in Real Estate Law for New York

Q: In the process of buying a home and sellers attorney isn't responding to calls/emails. What next?

The sellers lawyer has been minimally responsive to our lawyer in this transaction. The other lawyer waited 6-7 weeks before ordering the title update, and we just found out there are 2 liens that weren't properly discharged. My attorney is emailing every other day and giving explicit details on what to do next. The other lawyer has yet to acknowledge the title isn't clear and/or if he has taken any action to properly discharge the mortgages.

Is there anything else we can do in this situation? We are selling our current home too and are worried our buyers are going to drop out (we've been in this process now for a little over 2 months).

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1 Lawyer Answer

A: You have a lawyer, so that person is closest to the situation. It may be the seller cannot convey clean title, in which case, assuming you used the form contract, they can get out of the deal. If that is the ultimate result get out now. You can sue to enforce the deal, but honestly, it is not worth it.

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