Expert: Dick Dennis - 9/22/2008

Question
I'm in the process of purchasing a newly built home on a vacant lot in Richmond, Virginia.  Richmond Rehabilitation sold the property to a company called ElderHomes, who plan on building and selling four houses on the land.  Now, after beginning the process of purchasing the first house to be completed way back in April and having been told I would move in on the 19th of September, it has just now come to light that there are title problems.  I was supposed to close this last week but still haven't and I've been told by the lawyer that they have no idea when the title will be straightened out.  The property is apparently still listed as a single lot, but the builders are selling it as four separate ones which they have somehow still neglected to have divided.  The entire property is apparently listed under my house's address.  My question is what can I do to get this settled?  My lawyer acts like she has done all she can (her advice: "You should find someone to live with until it's fixed."), the city is supposedly dragging their feet getting it sorted out, and the people who I'm buying the property from point their finger at the city.  As it stands now, I'm faced with having to rent several portable storage units and find a place to stay with my boyfriend, 3 cats, and fish until who knows when.  Am I just completely at their mercy?  Thanks so much for any advice you can give me.

Answer
Yes, Maggie, you are at the city's mercy. In the final analysis, the city's planning department is the culprit. They are the ones who must approve the lot division. If they gave you anything written saying that it would be completed by a certain date then you have something to hang your hat on. But if they didn't, then like your attorney said, you'll just have to wait. You don't know if there is some kind of legal title problem holding them up. That, in turn, holds the title company up. A good title attorney would probaby be able to solve the whole mess. I do wish you well.

Dick Dennis        dick@dickdennis.com