Need Some Legal Advice...Fast!

[Per-Ling]

I'm active duty military displaced between duty stations and was under contract to by a house. My pregnant wife and 3 year old son are living in a cramped hotel room. The seller, one week away from the closing date and after a conference with God has decided to pull out of the contract. What recourse do I have? Does he HAVE to sell because he's under contract? Can I sue for lodging expenses, food and sundry items due to his prolonging of my homelessness? Please Help!! (I'm in Georgia, if that helps you lawyer types)

[TEXOKIE]

Not a lawyer, but willing to bump for a while til one comes along!

[woofie]

Do you have a realtor?

[Terriergal]

The seller, one week away from the closing date and after a conference with God has decided to pull out of the contract.

Wish I could help. I'd offer you ours but we're in Minnesota. (we're really needing to sell!)

I think the seller has this right, but it is pretty crappy of them to do. All they have to do is return your earnest money, I *think.*

Can she get an apartment for a short term lease?

[Huck]

My legal advice is to get the name of a good legal attorney. By the time we were under contract to purchase a home we had a lawyer that was recommended to us. He did a very good job. In fact, he was indispensable. Get a lawyer who handles real estate transactions. That's my legal advice.

[Prime Choice]

I'm not an attorney, but the folks at these sites are:

Law Guru
http://www.lawguru.com/

Free Advice
http://www.freeadvice.com/

The people on those forums are usually pretty prompt and professional in answering questions. Give 'em a try.

[Per-Ling]

Yes, a Century 21 realtor, who, at this point seems at a loss as to the next step.

[Phaedrus]

Bump

[freedomlover]

Do you have a contract that mentions damages in case of breach by the seller. If there is a contract it will pretty much control.

[mickie]

Then talk to the manager......and get a R/E attorney!

[Walkingfeather]

doug from upland can answer this I think he is a real estate guy. But if my memory serves correctly in California at least you can force the sale of the house. Contract is a contract. Just tell the seller that not only are you going to sue and get the house you will also get attorneys fees and the judge will throw any expenses. I am not a lawyer but I play one on tv. ..... well that is not true either

[DB]

I would think that until the money has been transfered and escrow closes the deal isn't finallized.

If the seller accepted money to enter into the deal that may have some binding power.

And I'm no lawyer... Thank God...

[mickie]

The seller cannot be forced to sell her home......but you have the right to sue her for non-performance......imo.

[IncPen]

You need a lawyer familiar with your state's laws on real estate.

If the documents were properly drawn up, at the very least you should be able to recover something for 'breach of contract'.

But, ask a lawyer (and pay for one, the free advice you will get here is worth the paper it's printed on)

Good luck.

[hope]

You need to go directly to the agent's designated broker who you have been working with if your agent is clueless. The laws vary per state. But, I'd say you have a darn good case against the seller for specific performance.

[woofie]

Iam not a lawyer but I have always heard that you have a binding contract and the sekller must carry through ..God or no God.The realtor should check with his or her bosses

[Walkingfeather]

where are you located?

[Dubya]

Most states have a Real Estate Commision that overseas all Realtors. I would give them a call and see what they say.
Sorry I can't be of more help.
God bless you and your family.
DUB

[the Real fifi]

Because real property is considered unique., in most states you can sue for specific performance of the contract. As for related expenses, only a local atty can advise..get one fast!

[lardog]

Yes, you can sue for "specific performance". But it will take time and a whole lot of hassle. The best advice is to see a real estate attorney. Good luck to you.