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)

[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.

[Per-Ling]

I'm in Augusta, GA. Signals guy with the Navy looking forward to my first house purchase. It just doesn't seem right that they can back out this late. I've found out all sorts of information on what to do if the Buyer backs out but not much on the seller. We've done nothing but concede from the beginning of negotiations just because I didn't want to bring my newborn home for the first time to room xxx at Motel 6.

You'd like to believe in the goodness of people. Sometimes it's hard...

[Chancellor Palpatine]

I'm glad I wasn't the only one who noticed that.

[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.

[TaxRelief]

Actually, where I live, they can be forced to sell. But it takes a little more time.

[Rattlins]

It sounds like you bought the house directly from the
seller? Otherwise you would have a sales contract that specifically states the penalties for breach of contract by the seller. In most cases the seller
under contract to sell at a specific price cannot
renege, and MUST sell to the buyer. Once his little pinky's
put the pen to the contract paper there is no chance of bailing out!

[kitkat]

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

I can't believe that. If the seller signed a contract with the realtor, and does not fulfill it, the realtor will lose its fee. No realtor would put up with that. Call this agent's boss and raise hell. He should then inform the seller that she has to pay their fee. That may cause her to change her mind.

If that doesn't work, call an attorney. (You oughta have one anyway.) (And I have no relatives who are lawyers, but I have experience buying and selling a couple of houses.)

And if THAT doesn't work, tell the seller YOU had a "Conference with God," and He said to buy.

[hope]

Please do not be discouraged. Go to the designated broker of your agent as he is entitled to a commission under most state laws under the contract. (Was this an Georgia Dept of Real Estate approved contract?) He will surely want to see this transaction through. In Arizona if the seller backs out of the contract he owes commissions to the listing and selling brokers.

[Walkingfeather]

Tommorrow spend 500 bucks or maybe some attorney here will help you out HINT HINT and write a letter sent fed ex the attorney will make it BLANTANTLY clear how much this "conversation with God" is going to cost this person and you will still end up with the house. I know the internal pressure and Idealism is important but if you back out you will always regret it.
Second. you will not remember your first 2 weeks the baby is home anyway. it is one big blurr of awake feed, alseep feed, believe me you might be at an advantage at being in a place with just a bed and a TV. I know the nesting instinct is great but ....

[hope]

Please do not be discouraged. Go to the designated broker of your agent as he is entitled to a commission under most state laws under the contract. (Was this an Georgia Dept of Real Estate approved contract?) He will surely want to see this transaction through. In Arizona if the seller backs out of the contract he owes commissions to the listing and selling brokers.

[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.