Aug. 31, 2009
Dear George: My wife and I were scheduled to close on a house in July 2009. However, the sellers kept pushing the closing back without providing a specific date. We kept asking for a date in order for us to enroll our kids in the new school district. Just before we officially notified them through our agent that we wanted to cancel the contract, their agent sent an e-mail to ours that stated the sellers had released our earnest money. We've already paid for an inspection, appraisal, and other things. The sellers won't return our calls regarding our out-of-pocket costs. What can we do?
Answer: Unfortunately, the legal remedies available to you to recover your expenses beyond the earnest money will cost too much. Your time and money will be better spent finding another house to purchase rather than paying for an attorney and sitting in court.
Dear George: An unreasonable neighbor has installed a 20-foot fence that encroaches on my property. Can I force him to move it?
Answer: You and your neighbor need to look at the surveys from when you bought your properties. If you don’t have them, contact the title companies you used and ask for copies. Compare the property lines on both surveys. If there is a discrepancy, determine which one is correct (contact the surveyors). If the fence is indeed encroaching on your property, you and your neighbor need to agree in writing that he'll move his fence at his expense. Have your written agreement signed in the presence of a notary public and filed in the real property records. That is the amicable way to resolve an encroaching fence. Or, hire an attorney and escalate the fence thing into an all-out war, making it very unpleasant for everyone.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
