Q: The selling agent of the house we were going into contract with had prior knowledge of a lien and did not disclose
PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the property 2 days after I signed the contract. Now we are in limbo waiting a week after the closing date for the seller to clear the issue. none. we're waiting for the sellers to have the lien removed supposedly they've come to some settlement and the lien was removed awaiting the court to record same and officially remove. Was the selling agent negligent in not disclosing he knew a lien was going to be placed before i was led to sign the contract?
A: No. The agent is not your agent. The contract will govern what happens. I am sure if drafted correctly this must be cleared at closing, or seller is in default.
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