I would definitely talk to an attorney who represents you - not just the lender's closing attorney (I assume that's what you meant by mortgage attorney. Also, are you sure there's an encroachment? A plot plan is not always definitive and a full instrument survey can really only tell whether there's an actual encroachment or not. However, assuming there is an encroachment, I would think it warrants a reduction in sales price. It is less of the lot that you are able to use, plus legal fees associated with granting an easement. As for whether you should go forward, that depends on how much it impacts the house and usability of the yard, along with your own personal preferences and how much the Seller is willing to adjust the price based on the encroachment.
You really want to have your own agent to represent you. Whether you want to see this house or any other, your agent can arrange for all showings. The listing agent represents the Seller. It's really important to have your own agent to represent and protect your interests.
Quite often the taxes are reassessed after the time of a closing and cover the past fiscal year. At the closing there should have been a document that all parties signed agreeing to re-adjust if the taxes were adjusted by the Town after the closing. Contact your attorney or the closing attorney and bring this to their attention. They'll be able to tell whether this document was signed and how to go about getting an adjustment from the Seller. It's quite likely that no one knew about this at the time of the closing.
You should hire a real estate attorney. The process in MA typically goes as follows: Offer to Purchase, followed by inspection, followed by P&S. The P&S typically incorporates any issues raised by the inspection that the parties agreed to address. So you really should be signing a P&S, not a second offer to purchase. I'm not sure why you would not be putting it in the P&S and why you are not moving on to the P&S at this stage. Your question was whether the correct way to address this was to do a new offer to purchase. The answer is no. You already have an offer to purchase, you did your inspection & so the proper way to do it is to put it in the P&S and have it signed.(For the record, I am an attorney and a realtor. Many realtors have a very good understanding of how this works so you should not pass off their advice because they are not attorneys. Also, the process is handled differently state to state so anyone answering from outside MA does not understand the process here - which is much different than other states.)
Well, since you have an agent who is part of the transaction you should ask his/her advice. As others have said, the Seller does not have to budge if they don't want to - neither do you. And remember, your offer of $145 with $5K in closing costs was the same offer as $140. If she turned away $140, it makes no sense that she would have accepted $145 with $5 back - the net to her is the same - $140K. I'm not surprised she's dug in her heels after rejecting an offer & the buyer coming back with the same exact number. When dealing with closing cost credits you really need to look at the net to the Seller.Now she's essentially at $147K - which is only $7K from where you were to start. And it is below her asking price so she is budging - just not that much. I would probably suggest splitting the difference so you end up at a net of $143,500 - unless you've already tried that route. If you're not willing to go that high, then walk away - assuming you are willing to lose the house over that much of a difference.
Assuming you have a buyer's agent who is only representing you (and not a dual agent representing the seller as well as the buyer) you need to tell your agent and he/she will give you advice as to how to proceed. That advice may be to contact an attorney. Without seeing the offer or purchase & sales agreement, we have no idea what the ramifications are or whether there were contingencies. Your buyer agent, assuming he/she only represents you, cannot disclose this information to the other side without your consent. If your agent is a dual agent, then he/she will be obligated to disclose this to the Seller, in which case you should retain an attorney, if you have not done so already.
Well, technically the Master Deed and Declaration of Trust should be on record at the Registry of Deeds. If you know the county where the property is located and either the recording information (Book and Page) for the documents or the name of the condo association you should be able to find them. Go to www.masslandrecords.com Then select your county. This will take you to the search page for that county, where you can search by book and page, name, or address.Now, there may also be bylaws and rules and regs, which are not recorded so looking at the Master Deed and Trust will not necessarily give you everything.
It's okay only if you intend to buy both properties. An accepted offer is a legally binding contract. If you offer on two properties and both offers are accepted, you will find yourself in a position of being contractually obligated to purchase both properties, which I don't think is your intention. If you like the other property better, withdraw the first one and offer on the second.
As others have mentioned, your attorney should review the contract and be able to tell you what your options are. Sometimes the P&S has specific provisions that allow the builder to extend or sometimes there are protections built in for the buyer, depending on how the P&S was drafted and negotiated. If you don't have an attorney - and you should have had one to review the P&S for your - you should hire one now to advise you of your legal options in the event the house isn't finished by the deadline.
I agree with Rebecca. If they were really motivated, they would have responded to your offer with a counter-offer. Listing agent may not be saying much because his client may have instructed him not to say much. If he's not responding to your offer, I would recommend moving on. Tell them if they decide to get serious about selling their house to get back in touch with your agent.