to buy or not to buy

[lulusavo]

I entered into an agreement to purchase a property in Ontario Canada in July of this year. After being mucked about by the mortgage broker and my lawyer the agreed closing date has been surpassed we were due to close on September 30th but the broker did not even get the mortgage instructions to the lawyer until the 2nd of October. Before this happened I sent a detailed email to everyone stating that thanks to them I have lost this opportunity and I just want to put this behind me and no longer wish to go ahead with the purchase. My lawyer asked for an extention which was refused and I was instructed that I would have to close as of today or forget it. (so in effect I have been granted an extension) I am unable to do so as I am out of the country on business and can not instruct a solicitor on this side of the pond (UK) to notorize my documents.

They are moving the gate posts now and saying I can go ahead with the purchase if I get the documents to them by Thursday of next week but I am not back in the country until Wednesday evening next week so this will leave me very little time to get these signed and back to them.

Apparently the vendor is now threatening legal action against me, what rights do they have? The necessary mortgage was not agreed before the closing date and they keep moving the gate posts on me I am fed up and don't want to purchase this house anymore nor do I want to pay an incompentent broker or lawyer for the bad service they have provided. What rights do I have?

Thanks

 

[dee_dub]

Was getting a satisfactory mortgage a term of the agreement? I'm very confused about the dates- what's your lawyer doing asking for an extension when you've made it clear you're done with it? Why are they refusing you on one hand but giving you 'til Thursday on the other? Closing dates can be flexible - I presume your agreement stated time is of the essence, but you may have waived that by your behaviour. And what kind of legal action are they threatening?

Minor comment - I once closed on a house in Calgary, AB while on vacation in Scotland, and had documents notarized by the good city solicitor at City Hall in Inverness. (I was originally referred to the gentleman who runs the kilt shop, but he took one look at them and politely declined...) It's a hassle, but it can be done.