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Need Some Legal Advice...Fast!
Posted on 11/19/2003 7:56:03 PM PST by Per-Ling
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1
posted on
11/19/2003 7:56:04 PM PST
by
Per-Ling
To: Per-Ling
Not a lawyer, but willing to bump for a while til one comes along!
2
posted on
11/19/2003 7:57:56 PM PST
by
TEXOKIE
(Hold fast what thou hast received!)
To: Per-Ling
Do you have a realtor?
3
posted on
11/19/2003 7:57:57 PM PST
by
woofie
To: Per-Ling
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?
4
posted on
11/19/2003 7:58:50 PM PST
by
Terriergal
(Psalm 11: 3 "When the foundations are being destroyed, what can the righteous do?")
To: Per-Ling
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.
5
posted on
11/19/2003 7:59:20 PM PST
by
Huck
To: Per-Ling
6
posted on
11/19/2003 7:59:27 PM PST
by
Prime Choice
(This Post is Rated "Conservative": May Be Too Intense for Liberal Viewers.)
To: woofie
Yes, a Century 21 realtor, who, at this point seems at a loss as to the next step.
7
posted on
11/19/2003 7:59:29 PM PST
by
Per-Ling
To: Per-Ling
Bump
8
posted on
11/19/2003 8:00:22 PM PST
by
Phaedrus
To: Per-Ling
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.
To: Per-Ling
Then talk to the manager......and get a R/E attorney!
10
posted on
11/19/2003 8:01:17 PM PST
by
mickie
To: Per-Ling
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
To: Per-Ling
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...
12
posted on
11/19/2003 8:02:40 PM PST
by
DB
(©)
To: Per-Ling
The seller cannot be forced to sell her home......but you have the right to sue her for non-performance......imo.
13
posted on
11/19/2003 8:02:45 PM PST
by
mickie
To: Per-Ling
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.
14
posted on
11/19/2003 8:03:07 PM PST
by
IncPen
To: Per-Ling
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.
15
posted on
11/19/2003 8:03:07 PM PST
by
hope
To: Per-Ling
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
16
posted on
11/19/2003 8:03:34 PM PST
by
woofie
To: Per-Ling
where are you located?
To: Per-Ling
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
18
posted on
11/19/2003 8:04:04 PM PST
by
Dubya
(Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
To: Per-Ling
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!
To: Per-Ling
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.
20
posted on
11/19/2003 8:06:51 PM PST
by
lardog
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