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Need Some Legal Advice...Fast!

Posted on 11/19/2003 7:56:03 PM PST by 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)


TOPICS: Your Opinion/Questions
KEYWORDS: attorney; lawyer; legaladvice; realestate; realtors
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To: gcruse
Don't rely on a real estate agent for legal advice. His advice that the deal isn't done until the final papers are signed was wrong. R.E. agents don't know jack s..... (or diddily squat, as my Mama used to say).

Not only do they not know the law, most are chickens. The seller tried to back out on the sale of the house I'm sitting in right now, after the contract was signed. I jerked him up by the short hairs and had the house in a week. The real estate agents involved were appalled that I was so aggressive, but I was right.

Buyers are usually the ones to renege, not sellers, which is one reason so few people know the rules on this issue.

61 posted on 11/19/2003 8:52:26 PM PST by JoeFromCA
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To: hope
Specific performance is very tough to get, particularly in real estate, where the remedy would mean forcing someone out of their home. Courts generally favor compensation instead. I think a legal threat might get somewhere here, but running the whole thing through the courts is not worth the time. It would be easier to spend the time and money searching for another home.
62 posted on 11/19/2003 8:53:13 PM PST by July 4th
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To: gcruse
I am glad you are not my lawyer, because you are dead wrong!
63 posted on 11/19/2003 8:54:11 PM PST by TheConservator (To what office do I apply to get my tag line back????)
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To: gcruse
NO NO NO. Not if you have a valid contract. Each of the South Florida, Daytona, Osceola, and Tampa area counties have standard contracts which INCLUDE a specific performance clause. The seller CAN NOT just back out without penalty or specific performance UNLESS the parties included a differnt penalty in the contract. The closing is just the time when the transfer of title takes place. The contract is when you name hits the deal.

I have had to deal with "seller's remorse" for clients but generally experienced attorneys and agents on both sides have avoided legal entanglements.
64 posted on 11/19/2003 8:58:07 PM PST by longtermmemmory
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To: DB

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

You sure as hell are not and do not know your elbow from a hole in the ground. Why did you even reply to this?
65 posted on 11/19/2003 8:58:21 PM PST by LaMudBug
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To: Per-Ling
I worked on Navy contracts for more years than I can remember and have a special place in my heart for sailors, especially 1630/1640's and OSIS/OBU which is now GCCS-M. So, I salute you and want to thank you for serving.

You need a good lawyer. You can start with the lawyer at the firm represented by your realtor. See what they say.

But as another poster has commented, it might be better to just move on and find another house. If you are pre-approved, it might be easier than you think, although it will most likely not mean being done in a week.

There are worse things than bringing a baby home to a room at Motel 6.

And if you can, the expense you've incurred can be paid by your realtor's firm, if they had you sign a contract that didn't adequately protect you.

God bless.
66 posted on 11/19/2003 8:58:28 PM PST by TruthNtegrity (God bless America, God bless President George W. Bush and God bless our Military!)
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To: Per-Ling
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.
67 posted on 11/19/2003 9:00:20 PM PST by wardaddy (we must crush our enemies and make them fear us and sap their will to fight....all 2 billion of them)
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To: TruthNtegrity
It is important he read his contract. The seller may be liable for his living expenses until he finds a new home at the very least.

I don't think the seller can walk away scot free "just because".

The lawyer consult is a good step. If there are two real estate agents, they may be able to work this out without the need to get lawyers involved. Kind of a facts of contract life intervention for the seller.
68 posted on 11/19/2003 9:03:52 PM PST by longtermmemmory
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To: Per-Ling
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.

69 posted on 11/19/2003 9:05:42 PM PST by Barnacle (Navigating the treacherous waters of a liberal culture)
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To: Per-Ling
Be advised that BOTH real estate agents, "yours" and theirs, represent the seller and not the buyer (unless you specifically secured a buyer's agent, which sounds very unlikely). If you have a valid, standard Purchase & Sales agreement you are most likely entitled to all of you money plus some damages.

DO NOT rely just on what the real estate agents (or us, for that matter) tell you. They are legally obligated to the SELLER, not the buyer. Get thee a lawyer, pronto. (I am not a lawyer).

I'd consider this house gone and would be wary if they turn around and tell you the deal is back on. Anybody got a ping list for Georgia? Maybe there is a FReeper that can offer you a temporary rental unit.

70 posted on 11/19/2003 9:09:25 PM PST by NonValueAdded ("Either you are with us, or you are with the terrorists." GWB 9/20/01)
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To: gcruse
yep...the seller will have to return the earnest money and anything beyond that will be up to the precise contract wording and redress will be costly to obtain.

I would never put myself at risk for more than earnest money in my real estate contracts...and I always have an easy out as a buyer in a contract up until closing time expiration. As a seller, it's a bit harder but I can't recall anyone being forced to sell commerically if they pulled out and I have even seen plenty of earnest money sued for when kept by greedy sellers and returned to the buyer even if the buyer let closing time expire.

I would not keep a buyer's earnest money typically. It creates for bad blood and word gets around quick and your future dealings will then get juiced up with legal fees everytime you fool with someone. But it depends on the individual deal. This poor fellow needs to get his earnest money back and move on is my guess.
71 posted on 11/19/2003 9:09:43 PM PST by wardaddy (we must crush our enemies and make them fear us and sap their will to fight....all 2 billion of them)
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To: TheConservator
The answer (at least in Washington State, where I am an attorney who practices in the real property field) is--

Maybe. If you or your realtor have done a good job of drawing up the purchase and sale agreement, so that it covers all 15 issues necessary to make a real estate purchase and sale agreement specifically enforcable, then you can have a court force the owner to sell you the property. Also, if the purchase and sale agreement provides for it (and they usually do) you probably could force the seller to pay your attorney's fees--which is a good thing, if the seller has some asset from which you can force him to pay.

If you have not completely filled out and had both parties sign the purchase and sale agreement, you cannot specifically enforce it, but might have a claim for damages. Again, you might be able to get attorney's fees.

But if there is some contingency in the purchase and sale agreement that has not yet been met, that involves any kind of discretion on the part of the seller, then you probably have no claim.

Find at least two attorneys between about 10-20 years out of law school whose practice involves real estate. Ask them if they will meet with you briefly to look at your purchase and sale agreement and see what kind of claim you have (many will be willing to do this for free). Drop off a copy of your purchase and sale agreement in advance, so they can spend 5 minutes reviewing it before your meeting. You will have a lot better idea about where you really stand.

Final word of advice--be realistic about the value of not dealing with lawsuits and attorneys.

72 posted on 11/19/2003 9:10:10 PM PST by TheConservator (To what office do I apply to get my tag line back????)
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To: TruthNtegrity
You need a good lawyer. You can start with the lawyer at the firm represented by your realtor. See what they say.

Just be sure that you understand that the realtor's lawyer represents and protects them and not you.

73 posted on 11/19/2003 9:13:01 PM PST by RJL
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To: kitkat
You don't want to deal with the agent at this point, you want to deal with the broker who will know more how to put the squeeze on. Especially if you imply to the broker you will sue them for not performing their fiduciary responsibility - its a bluff but squeaky wheels . . .
74 posted on 11/19/2003 9:21:57 PM PST by FastCoyote
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To: Per-Ling
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.

75 posted on 11/19/2003 9:32:39 PM PST by ConservativeLawyer
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To: Walkingfeather
I am not a lawyer but I play one on tv. ..... well that is not true either...

Bet you did sleep at a Holiday Inn Express though!

76 posted on 11/19/2003 9:41:58 PM PST by Rennes Templar
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To: Per-Ling
Yes, a Century 21 realtor, who, at this point seems at a loss as to the next step.

Your real estate agent should ask his broker for help. There should be some kind of language in the contract to force the seller to honor the contract as long as you have followed your part of the contract. You might have a case to sue both the seller and your agent if you weren't properly protected.

77 posted on 11/19/2003 9:56:46 PM PST by jamaly
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To: Per-Ling
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.
78 posted on 11/19/2003 10:00:29 PM PST by notpoliticallycorewrecked
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To: longtermmemmory
longtermmemmory said: "The closing is just the time when the transfer of title takes place. "

First the usual disclaimer. I am not a lawyer.

My wife and I purchased a second home twenty years ago in Kalifornia. We refinanced our residence to pay for it.

This put us in the position of having a check in the amount of our life savings which we were expected to turn over to the escrow company.

Just a week before closing, the seller threatened to back out because the seller had become responsible for a third mortgage of which the seller had been unaware.

This occurred on a Friday and our money was due by the terms of the purchase agreement the following Monday. Another poster has hinted at some of the possibilities when one party to a transaction fails to honor their commitments. In our case it was possible that we could find out that the place was ours after having taken steps based on the opposite expectation. It was important to know where we stood legally.

I obtained the textbook from our local junior college for their course in real estate law. I read the entire textbook in a weekend.

The most relevant part of it was the description of what constitutes "title" and the criteria for title to pass from seller to buyer.

From my recollection, "title" to real property in Kalifornia consists of possession, full use, and the right to exclude others, among other things.

Again, as I recall, "title" to real property in Kalifornia passes from seller to buyer at the moment that the seller delivers to the escrow company a signed deed to that effect. This would normally happen very late in the escrow period, but it would not be "at closing". The day of closing is that day when all funds can be disbursed because all conditions by all parties have been satisfied and funds exist to satisfy all parties.

Based on this understanding of Kalifornia law, my wife and I decided to proceed with the sale despite verbal threats by the seller not to proceed.

Since our seller had already delivered a signed deed to the escrow company, we were already the new owners of the property. The only thing the seller could still dispute was whether he would accept our money from the escrow company and whether he would agree to be excluded from the use of the property by us, the new owners.

I gave the real estate agent instructions, witnessed by the escrow officer, to take possession of the property on the last day of escrow, to assure that the seller and all his belongings were removed from the property, to change the locks on the doors and retain the keys on our behalf, and only then to allow recording of the closing documents.

We have now owned and enjoyed this property for twenty years. I was prepared to take possession of the property regardless of the sellers actions. I was prepared to confront the seller until the seller made plain that he would not surrender the property. I was prepared to call the police and have the seller arrested as a trespasser if the seller did not leave.

Laws vary from state to state. The buyer needs to know what the law is in Georgia.

One thing for the buyer to keep in mind is that the escrow company is not going to close the escrow until all parties agree that it should be closed. If the buyer does not agree to close the escrow, then I believe that escrow will stay open. There is no way for the seller to open a new escrow for a different buyer if there is already an escrow open. It may be necessary to record something at the county recorder's office, but any new buyer will be unwilling to buy this property with such a "cloud" on the title.

If the seller really is hearing messages from "God" then it may be that the seller is incompetent. If that is the case, then it may be best to just find a way out of the transaction with as little loss as possible. Contracts against incompetents are typically not enforceable.

79 posted on 11/19/2003 10:01:47 PM PST by William Tell
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To: LaMudBug
To dredge out the jerks?

Got one...
80 posted on 11/19/2003 10:03:48 PM PST by DB (©)
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