[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.

[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.

[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.

[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!

[LanPB01]

I haven't studied property law in a few years, I never did any work in that area, and I know nothing about the local statutes in Georgia. That said, if I recall correctly, a seller is bound once he signs the contract. Since this is for a sale of land (a unique item), you have a good argument in favor of specific performance, which would force the sell. The expenses are an issue that would be covered by Georgia law.

[Dubya]

Georgia Real Estate Commission

[hope]

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SPECIFIC PERFORMANCE

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Specific Performance is a remedy where, under special circumstances, a court will order a party to a contract to render the performance promised under the contract. There are stringent limitations placed on its availability.

Specific performance can best be understood by looking at the instances where it will be denied by the courts. Under the following circumstances specific performance may be denied when:

• 1) a party can be compensated adequately for the breach by an award of money;
• 2) the contract is so ambiguous and uncertain in its terms that a court cannot determine with reasonable precision the act required to be performed (even though the contract may be certain enough for an award of damages);
• 3) the granting of such relief would work an undue hardship or would not be just and reasonable to the party in default;
• 4) the agreement is illegal;
• 5) the agreement was the result of fraud, unfair practices, or mistake;
• 6) the party seeking specific performance is himself in default in the performance of a material term of the contract;
• 7) the performance required by the contract calls for many acts taking place over a period of time, or requires cooperation of the parties or some other complicated performance, such that supervision by the court would be impractical or impossible;
• 8) the contract requires a specific party to perform personal services;
• 9) it requires the defendant to employ another in personal service;
• 10) the decree would require the defendant to perform an act which he cannot do legally when required to do so;
• 11) the contract requires the defendant to procure the act or consent of his spouse or of any other third person;
• 12) the defendant seller of property cannot transfer a title which is free from reasonable doubt; or
• 13) the terms of the contract are "unconscionable." 9 California Real Estate 2d 260, et seq. (Miller & Starr, 1990)

  CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance.

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  Return to Home Page of the Law Offices of Harry J. Gerrity

  This document was last revised on June 4, 1996. This page has been accessed times.

[WackyKat]

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

It's funny how "God" tells a lot of people to do selfish things that they really wanted to do anyway.

[11th_VA]

If you have a Realtor he/she will fight like hell to get their money out of the deal - whether they help you or not, can't say ...

[LikeLight]

In Pennsylvania (assuming a typical R.E. contract), you would have the right to enforce the contract through court action ("specific performance" is the jargon). That being said, you might just want to cut your losses and move on, rather than spend a great deal of time, money and grief trying to force someone to sell you their home. Litigation is generally something you want to avoid to the extent reasonably possible.