[thinktwice]

I'm not a lawyer, but you need one if you want to buy that property. I think your legal action would be for "specific performance."

If the house was listed with a real estate broker, that broker has cause for action too -- they've probably earned a commission.

Some states have a clause in the contract about "liquidated damages," but I think that has to do with a buyer backing out.

See a lawyer if you want that property.

Who pays for the lawyer? Ask the lawyer.

Another thought -- If the seller really wants out of the deal, he might be willing to buy you out.

Good luck.

[Greenpees]

Fellow Military person.

It's called, simply, "offer and acceptance" You made an offer, and he cannot deny that he accepted. Only you, as the offeree have the right of refusal, provided the offerer said yes to the deal (in writing) A verbal contract is only good if you have witnesses to that contract, and it cannot be your own family member, such as a wife, brother etc.

[Delta 21]

Similar circumstances taught me that your BAQ/BAH and Seprats/Leave rats or meal allowances for you will be looked at if you try to re-coup these. If your dependents are under orders and have recieved allowances like per diem that may be effected also.

Get to your command and admin officer and fill them in on your situation.

Which branch of service are you in?

There are lawyers in your service. They may not be able to help directly but can steer you into the right direction.

Keep your command fully engaged on your situation!

[Golden Buffalo]

IMHO - A generic response is - the contract terms will dictate. You probably have a remedy of specific performance which means you could file suit and ask a judge to force him to sell. Generally, judges are reluctant to force someone to sell their house. He might award you out of pocket expenses etc. And you get the privilege of fighting about this for months while you family continues to live in temporary housing. You could hire a lawyer to try to scare the guy into closing - scary phone call and nasty demand letter, it has been known to work....or you could get your earnest money back as quickly as possible, find another house and stay out of the legal system. This is why when purchasing a house the deal ain't truly done until the papers are signed and they are out. Purchasing houses is no fun and realtors are basically only looking out for themselves these days.

[Experiment 6-2-6]

I am a lawyer, but I don't do real estate law.

HOWEVER, I DO HAVE ONE QUESTION:

WHY ARE YOU BUYING A HOUSE INBETWEEN DUTY STATIONS?

I mean, it's your business, but if you're going to be relocated to another place in the world, is your wife and child to remain behind? But, assuming there are benefits that make it worthwhile, Escrow is just that. Either the deal closes or not. He is obligated to pay fees and penalties, but that's his choice. I would suggest you find a GOOD (not just out of law school) Lawyer.

However, again, if you are going to be sent to another post, how are you going to assist in the legal options you have if you are posted elsewhere?

[Walkingfeather]

The second thing I wonder is .... is your realestate agent screwing you and trying to buy the house behind your back. If this guy is playing dumb and he has been an agent for a long time ...it is time to raise hell on them. When this gets worked out you will not remember it.

[RichardW]

A good experienced real estate agent could put the fear of the Lord into this reluctant seller. Sounds like seller's remorse to me. This comes up all the time. You could sue the britches off the seller. But it seldom comes to that.

[isthisnickcool]

Does the seller know your personal situation? If not make sure your realtor tells the listing agent. Make sure the agents and their brokers get involved too.

Is it a buyers market where you are buying? Did you pay the asking price? Was the house underpriced? I wonder what the sellers motivation really is for stopping the deal? What's their situation? Were they looking at purchasing another house? Did THEIR deal fall through.

How much money are we talking about? You likely paid for inspections etc. Is it enough to even hire a lawyer over and fight?

Sometimes you are better off just licking you wounds and getting to the next deal.

Good luck.

PS - First rule of real estate. Never never never "fall in love" with property.

[gcruse]

Until closing, when the papers are signed, neither of you are under any legal obligation to do anything, except for any earnest money you put up. Had you pulled out, you might have lost your earnest money.

[Quix]

Am nothing close to an atny.

However, given that he claims God told him . . . I might say something like this to him . . .

Sir, you noted that God told you to break our contract. Evidently your faith in God is very important to you to cause such drastic action.

By the way--what church do you attend? Is the pastor a good one?

---

After getting sufficient info about the church, you could follow up with:

---

I assume, therefore, that you would be willing to follow the Biblical injunctions about taking differences to the wiser, elders of your church to decide the matter rather than to a secular court.

BTW, I was wondering, are you familiar, Sir, with:

Psalm 15:4
In whose eyes a vile person is contemned; but he honoureth them that fear the LORD. He that sweareth to his own hurt, and changeth not.
(Whole Chapter: Psalm 15 In context: Psalm 15:3-5) KJV

and in the NIV:

Psalm 15
4 who despises a vile man
but honors those who fear the LORD ,
who keeps his oath
even when it hurts,

Sir, I would prefer to try and resolve this within your values and belief structure in an honorable way before God.

I will await your answer for 12 or 24 or some such hours. After that time, I will go to your pastor directly, myself.

---

[TheCPA]

I assume that the contract was written. In general, contracts regarding real estate must be in writing to be enforceable because of a law called the statute of frauds. If the contract was valid and the seller refuses to complete the transaction, you should review the contract for any damages clauses. It might have what is known as a liquidated damages clause where the damages are specified in advance. If not, you can sue for damages. I do not know if the rememdy of specific performance is available. You need to contact a real estate attorney fast.

[longtermmemmory]

If you have a contract, there should be a clause for specific performance. The real estate agent of the seller should say this.

Specific performance makes the seller perform under the terms of the contract and liable for out of pocket damages for the period of failing to perform.

[Per-Ling]

I thank you all for your advice. My wife has been watching in wonderment at the speed and thoroughness of responses. I lurk here every day but not introduced my wife to this wonderful community.

To try to clarify things...
My wife, son and I came up during my leave time between my last duty station and this present one for the expressed purpose of avoiding this very situation. Unfortunately, those of us in the military who want to have some semblance of a normal life in an area we know we will live for a while are really at the mercy of sellers like this. They know full well (and this seller did) of our circumstances...living in hotels on the 10 days worth of dislocation allowance the military gives us. In order to avoid living out of pocket in the community, military buyers like myself are willing to make some concessions in purchase to secure a place for our family to sleep. Sellers have us over the barrell and know it. What really burns me is when we in good faith, with VA finances already secured, with dickering being brief and realistic, put ourselves to the mercy of a seller who can at any time up to closing, play with a buyer like a toy. This seller was apparently discouraged in his own house-hunting effort, took it to the Lord in prayer, and I can only assume, the same Lord that told him a month ago to sell his property, had a change of heart.

Just some advice to you future sellers: say up front what you want and what you're willing to give. Commit before you put that sign in the front yard.

[Dubya]

Does the Realtor represent you or the seller or both? That will make a big difference to the Real Estate Commission.

[wardaddy]

I would never enter a commercial real estate contract where I am bound to lose more than my earnest money (or give it back) if I back out for previous accepted in the contract reasons whether I am buying or selling.

[Barnacle]

Need Some Legal Advice...Fast!

Call a lawyer...Fast!

Seriously, call a local real estate office and ask if they'd be kind enough to recommend a real estate lawyer in the area. You might have to pay $100 for a consultation, but I'd say it's worth it.

[ConservativeLawyer]

I'm not a Georgia attorney, but you very well may be able to force the seller to sell the house to you. Definitely get your own lawyer right away (don't rely upon the real estate broker--they work for the seller).

Since you are active duty, you might be able to get some assistance from the JAG's office. You are better off with a specialist in real estate litigation, but if money is tight, see what the JAG can do for you.

Good luck. And thank you for your service.

[notpoliticallycorewrecked]

I have reviewed almost half of the comments and no one has told you to go to the JAG office on base.

Hello, if you are in the military you can get a FREE lawyer on base.

[CurlyDave]

Find out how to get your money back and then find a different house.

Most parts of the country have thousands on the market at any given time.

Even if you win this and force the sale, the lawyer fees will eat you alive.

Surely there is another suitable house somewhere in the area.

[ETERNAL WARMING]

You have a case if you've told the truth. You'll need to get a lawyer...perhaps the VA can send you one? Worth asking. If not, the Realtor cannot bring the suit nor can the RealEstate Commission.

We had an owner try to back out on us, went to the lawyer and the owners decided to sell because we were going to sue and sue for costs incurred. It turned out they had had a better offer from someone else! We got the house..no problems. You'll need a lawyer anyway, so you might as well get one now.