[NotCranky]

DDM
What has your agent told you?
Check your contingencies. It sounds like you are past your removal dates? People should know that they can have the loan contingency applied until the loan is funded so that there actually much less risk of this type of thing becoming and issue. Look at your RPA, hopefully you checked “the loan contingency shall remain in effect until the designated loans are funded.” In these times it seems imperative to do that. Maybe it makes the offer a little weaker but with lending all over the place it seems like You say take it or leave it. I would even consider writing an addendum,included withthe offer, that explains it further becasue the contract wording could be better. I am not picking on you just trying to warn others who might be reading.

If you cancel escrow you should try to get some or all of your money back but you really have to make that decision in accordance with the contract for the seller to be obligated . Are there any other grounds by which you can cancel? Usually those pass concurrently or before the loan contingency but if people have been sloppy there might be a way.

Are you interested in asking for an extension to get funded another way?

I had a person come to me once. Not a client of mine. They lost their earnest money deposit this way. It was clear the realtor and lender had abandoned them and failed to represent them with regards to the loan contingency. I wrote some letters which they signed and they got their money reimbursed from the supervising broker. Don’t know if that applies here?

[NotCranky]

Still a bit of a puzzle Scott. Has your lender approved the preliminary title, if a lender is involved? In any case all or most of your neighbors got loans.That might give you an opinion as to risk. In any case, if you can’t decide on the “practicality” basis I would guess you need to talk with a lawyer. How do you handle it if you close escrow and the easement isn’t wiped out and can’t be? Isn’t that the same thing as buying it “as is” with regard to the easement? Do you have a special agreement to deal with the case that the easement can’t be eliminated? On the other hand the language “…whenever the Grantee(escondido) ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”, seems to indicate if there is no city owned infrastructure on your property now, the right of way is done with. That is probably the case or the developer would have had trouble getting the project off the ground too. I don’t want to stick my neck out so far as to say that is conclusive.
If you remain worried about it, a lawyer should answer those questions on eliminating the easement. My experience is that title companies are very careful about giving advice and opinions . They just report their exclusions and that’s it. This is frustrating but understandable from a liability perspective.
Also you could bail and there are many here who will help you with that decision!I have helped a few myself.
Good luck

[NotCranky]

Still a bit of a puzzle Scott. Has your lender approved the preliminary title, if a lender is involved? In any case all or most of your neighbors got loans.That might give you an opinion as to risk. In any case, if you can’t decide on the “practicality” basis I would guess you need to talk with a lawyer. How do you handle it if you close escrow and the easement isn’t wiped out and can’t be? Isn’t that the same thing as buying it “as is” with regard to the easement? Do you have a special agreement to deal with the case that the easement can’t be eliminated? On the other hand the language “…whenever the Grantee(escondido) ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”, seems to indicate if there is no city owned infrastructure on your property now, the right of way is done with. That is probably the case or the developer would have had trouble getting the project off the ground too. I don’t want to stick my neck out so far as to say that is conclusive.
If you remain worried about it, a lawyer should answer those questions on eliminating the easement. My experience is that title companies are very careful about giving advice and opinions . They just report their exclusions and that’s it. This is frustrating but understandable from a liability perspective.
Also you could bail and there are many here who will help you with that decision!I have helped a few myself.
Good luck

[NotCranky]

Still a bit of a puzzle Scott. Has your lender approved the preliminary title, if a lender is involved? In any case all or most of your neighbors got loans.That might give you an opinion as to risk. In any case, if you can’t decide on the “practicality” basis I would guess you need to talk with a lawyer. How do you handle it if you close escrow and the easement isn’t wiped out and can’t be? Isn’t that the same thing as buying it “as is” with regard to the easement? Do you have a special agreement to deal with the case that the easement can’t be eliminated? On the other hand the language “…whenever the Grantee(escondido) ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”, seems to indicate if there is no city owned infrastructure on your property now, the right of way is done with. That is probably the case or the developer would have had trouble getting the project off the ground too. I don’t want to stick my neck out so far as to say that is conclusive.
If you remain worried about it, a lawyer should answer those questions on eliminating the easement. My experience is that title companies are very careful about giving advice and opinions . They just report their exclusions and that’s it. This is frustrating but understandable from a liability perspective.
Also you could bail and there are many here who will help you with that decision!I have helped a few myself.
Good luck

[NotCranky]

Still a bit of a puzzle Scott. Has your lender approved the preliminary title, if a lender is involved? In any case all or most of your neighbors got loans.That might give you an opinion as to risk. In any case, if you can’t decide on the “practicality” basis I would guess you need to talk with a lawyer. How do you handle it if you close escrow and the easement isn’t wiped out and can’t be? Isn’t that the same thing as buying it “as is” with regard to the easement? Do you have a special agreement to deal with the case that the easement can’t be eliminated? On the other hand the language “…whenever the Grantee(escondido) ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”, seems to indicate if there is no city owned infrastructure on your property now, the right of way is done with. That is probably the case or the developer would have had trouble getting the project off the ground too. I don’t want to stick my neck out so far as to say that is conclusive.
If you remain worried about it, a lawyer should answer those questions on eliminating the easement. My experience is that title companies are very careful about giving advice and opinions . They just report their exclusions and that’s it. This is frustrating but understandable from a liability perspective.
Also you could bail and there are many here who will help you with that decision!I have helped a few myself.
Good luck

[NotCranky]

Still a bit of a puzzle Scott. Has your lender approved the preliminary title, if a lender is involved? In any case all or most of your neighbors got loans.That might give you an opinion as to risk. In any case, if you can’t decide on the “practicality” basis I would guess you need to talk with a lawyer. How do you handle it if you close escrow and the easement isn’t wiped out and can’t be? Isn’t that the same thing as buying it “as is” with regard to the easement? Do you have a special agreement to deal with the case that the easement can’t be eliminated? On the other hand the language “…whenever the Grantee(escondido) ceases to use any portion of said right of way, that portion thereof shall revert to the Grantor or its successors…”, seems to indicate if there is no city owned infrastructure on your property now, the right of way is done with. That is probably the case or the developer would have had trouble getting the project off the ground too. I don’t want to stick my neck out so far as to say that is conclusive.
If you remain worried about it, a lawyer should answer those questions on eliminating the easement. My experience is that title companies are very careful about giving advice and opinions . They just report their exclusions and that’s it. This is frustrating but understandable from a liability perspective.
Also you could bail and there are many here who will help you with that decision!I have helped a few myself.
Good luck

[NotCranky]

The one with the freeway is too much. I like yours nostradamus, post remodel, including doubling the square footage.The risk of all sweat and no equity is a bother.It is a little rough there and the school question can come up for families but that is a really good location otherwise.

[NotCranky]

The one with the freeway is too much. I like yours nostradamus, post remodel, including doubling the square footage.The risk of all sweat and no equity is a bother.It is a little rough there and the school question can come up for families but that is a really good location otherwise.

[NotCranky]

The one with the freeway is too much. I like yours nostradamus, post remodel, including doubling the square footage.The risk of all sweat and no equity is a bother.It is a little rough there and the school question can come up for families but that is a really good location otherwise.

[NotCranky]

The one with the freeway is too much. I like yours nostradamus, post remodel, including doubling the square footage.The risk of all sweat and no equity is a bother.It is a little rough there and the school question can come up for families but that is a really good location otherwise.

[NotCranky]

The one with the freeway is too much. I like yours nostradamus, post remodel, including doubling the square footage.The risk of all sweat and no equity is a bother.It is a little rough there and the school question can come up for families but that is a really good location otherwise.

[NotCranky]

Thanks Jim, you guys enjoy.
Must have been a tough escrow. I can’t give my supervising broker enough credit for helping out in the tough times. A friend of mine in Argentina says, “cada venta es come un parto”,which means every escrow is like giving birth. Women might say that’s a stretch(no pun intended) but I think you can probably relate.

I also enjoy the presentations on your blog as well. Can’t recall specifics right now. I have noticed that you have put some pretty interesting presentations together.

[NotCranky]

Thanks Jim, you guys enjoy.
Must have been a tough escrow. I can’t give my supervising broker enough credit for helping out in the tough times. A friend of mine in Argentina says, “cada venta es come un parto”,which means every escrow is like giving birth. Women might say that’s a stretch(no pun intended) but I think you can probably relate.

I also enjoy the presentations on your blog as well. Can’t recall specifics right now. I have noticed that you have put some pretty interesting presentations together.

[NotCranky]

Thanks Jim, you guys enjoy.
Must have been a tough escrow. I can’t give my supervising broker enough credit for helping out in the tough times. A friend of mine in Argentina says, “cada venta es come un parto”,which means every escrow is like giving birth. Women might say that’s a stretch(no pun intended) but I think you can probably relate.

I also enjoy the presentations on your blog as well. Can’t recall specifics right now. I have noticed that you have put some pretty interesting presentations together.

[NotCranky]

Thanks Jim, you guys enjoy.
Must have been a tough escrow. I can’t give my supervising broker enough credit for helping out in the tough times. A friend of mine in Argentina says, “cada venta es come un parto”,which means every escrow is like giving birth. Women might say that’s a stretch(no pun intended) but I think you can probably relate.

I also enjoy the presentations on your blog as well. Can’t recall specifics right now. I have noticed that you have put some pretty interesting presentations together.

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