Delayed closing results in lodging costs for buyers

Q. My husband and I recently signed contracts to sell our last home and purchase our current home. Both deals were scheduled to happen on the same day. Our movers were scheduled and everything was ready to go.

A few days before the two closings, the seller's attorney for the house we were going to buy called our attorney to tell her they needed to delay the closing at least a week. We think it was because the place they were moving to wasn't going to be ready on our scheduled closing date.

We asked our buyers if they could delay the closing a week but they said they had to close as scheduled or they would have to pay another month's rent where they were staying, which was going to be over $1,200. So, we told our sellers we had to close as scheduled.

Well, they refused. They said they would not close for another week. Our attorney, of course, told them they had to follow the contract, but they simply refused to close. We told them we would hold them responsible for our costs but they would not budge. As it turned out, we closed our sale as scheduled, had to move our stuff into storage, stay in an extended stay for a week (with two kids) and then eventually closed eight days after the date in the contract.

We incurred the cost of the extended stay, eight days of storing our belongings, numerous meals out that we wouldn't normally have done and the aggravation and inconvenience of not closing as scheduled. This has cost us over $2,000.

Our attorney says she does not handle lawsuits. Any suggestions on how we can recover some or all of this loss?

A. Obviously, I have not reviewed the documents. However, it would appear the sellers breached the contract by not closing on the date provided in the contract. It further appears you have suffered a loss as a direct result of the sellers' breach.

Unfortunately, it is generally not economical for anyone to litigate a $2,000 dispute, though I might suggest retaining an attorney to send a strongly worded letter to the sellers. Presuming that doesn't work, this is a perfect case for pro se court.

Pro se court is much like "The Peoples Court" on television. It's fast, easy and inexpensive. Generally, no attorneys are involved. You each tell your story to the judge, present your written evidence (the contract) and the judge makes a decision. Presuming you obtain a judgment and the sellers refuse to pay, there are methods available to you to enforce the judgment.

Contact the clerk of the circuit court of the county where you live for further details.

Q. We received something in the mail asking us to pay $89 for a copy of the deed to our home, which we recently purchased. We have a copy of the deed from the closing. Is that good enough or should we follow through with this.

A. No one needs to pay anyone $89 for a copy of their deed. The original deed (of which you have a copy) is recorded by the title company where you closed. They then forward the recorded deed to your attorney who should then forward it on to you. If you don't have a recorded deed, contact the attorney that represented you and inquire as to why you don't have the original deed. If the closing was within the last couple months, wait a little while longer. It sometimes takes a while for the deed to make it back to you.

Another option is to visit the county recorder's office, either in person or online, and request a copy. It will probably cost you something, but far less than $89.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.