We’ve been in contract for about 6 months. We have compromised every step of the way, met all our contingencies on time, etc. We were supposed to close at the end of June, but they are missing a certificate of occupancy for the detached garage. The house is only 10 years old, and they swear up and down it’s just a paperwork issue. Everything else is in order, and I do see that a permit was filed, but the c/o wasn’t issued. My guess is that it probably is a paperwork issue.
We’re discussing closing with a 10k escrow, with 90 days for them to get the paperwork in order. I asked my attny what happens after 90 days, and he says “We give them more time.” He said the seller’s attny will never agree to an escrow where we keep the money after x amount of time. My RE agent says my attny is being a pushover, and that we should get the 10k if they are not able to produce the c/o. That unless there is a real financial consequence, there’s no motivation for them to get the paperwork done. She wants to go on the record as being opposed to this. My attny says it’s more important that the escrow doesn’t limit their liability in the case that there are issues.
Am I being a pushover? Do I need to press my attorney for a stronger escrow? I have a lot of stress in my life right now, so want to carefully choose my battles.