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fraserken@ymail.com | Sellers backed out last minute on the house.? |
I was exspose to buy a house, and they seemed unsure they wanted to sell, but they signed all the papers, the posesion date, etc. Got their deposit, I paid the lawyer and the house has been inspected. They signed the title, and it's a done deal. I was exspose to take possesion of the house as of Oct 1.
Legally can he do this? If I talked to a lawyer would he be sh*t out of luck? I already have gave notice and have to be out of my home for the 1st, and I'm in a really tight situation as I have 2 dogs, if he backs out. I am really in need of some advice. |
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Real Estate Guy
|
Did you actually settle? This means that you signed the mortgage papers, etc. Not just the sales agreement.
If you went to settlement, then you are the owner of the property. On October 1, you will need to start the eviction process. It will take time, so on October 1, start it, no matter what. If they promise to leave in a couple of weeks, at least you have started the process vs waiting. This type of promise - wait can draw the time line out.
If you haven't settled yet, then they are still the owner and you may have to sue them to proform on the terms of the sales agreement.
Talk with a lawyer on Monday.
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chatsplas
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See an attorney Immediately. Didn't you have one to buy house? Talk to your realtor. You have rights, and can sue them, and can pressure them to live up to their deal. But waiting won't accomplish anything, ACT. |
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Jeanbug
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Your question is very unclear ~ but it sounds like the sellers accepted your offer and deposit, gave you permission to have the house inspected, transferred the deed over to you, and now have had a change of heart? If y'all had been working with a Realtor, this would not be happening right now.
Even in my state where practically anything goes when it comes to real estate, real estate contracts are not anything to be messing around with. The only person who is qualified to give you advice at this point is a real estate attorney in your state who may be able to force the sellers into a sale. |
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missydeeste2003
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What was the reason he backed out? If he had no good reason and you have complied with all the contingencies of the contract you both had agreed to. he legally cannot back out, Did you give him the price he was asking? You can sue him for specific performance if you did everything you were supposed to on this contract! Talk with a real estate attorney! |
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Sam B
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The sellers signed the title and you had already paid the lawyer. In my state the lawyers get paid at closing. Did the sellers have until October 1st to move? If you have already been through closing you need to immediately contact this lawyer who you have paid and have him handle it. If that is the case you are the legal owner of this house not them. If they have just backed out of the deal you have other options. You can sue them for your losses or force them to sell. A good lawyer can help you better understand your options. |
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RWR
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If you truly have binding contract in your state, you can take the seller to court for non-performance.
This may not meet your short term needs, however the wheels of justice turn very slowly.
Your attorney should be able to help, call him ASAP. |
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godged
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In Oregon, you don't have a 3 day right of recession on RE transactions.
First thing tomorrow, contact a RE attorney.
You can certainly sue for specific performance, which is where the seller entered a contract and you expect them to honor it.
You don't have time to waste here, call first thing tomorrow and get someone representing you.
(Where is your Realtor in all this?) |
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mkaylad99
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You lost money after they signed the documents? I saw a case just like this on Judge Judy. SUE THEM for the deposit, the lawyers fee and any out of pocket expense related to this. You have legal grounds to do this. They have sellers remorse and backed out, they cannot legally do this if you have lost money here due to no fault of your own. Sue them, drag them over the coals and shut 'em down. They need to learn from this. |
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organizeyourbiz
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I'm not sure what exspose is; please use spell check as it ups the ability to answer questions correctly.
You should be contacting your real estate agent since that's what you're paying them for. Why did they back out? What does it say in the escrow documentation? What did their agent say? Lots of missing information.
Do your homework and read all documentation including the fine print to understand the transaction.
If the documentation has been signed and recorded and monies transferred, they normally cannot back out of it. |
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Sharon T
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Is there a real estate agent involved? If so, speak to that person and the broker.
You said they signed the title. Do you mean they signed the Deed? If so, was it recorded?
In most states the seller would have to close or be liable for your out-of-pocket costs plus damages. You can sue for specific performance, which means they must sell. Of course, that won't be resolved by Oct. 1.
Contact a good RE lawyer immediately. A strong letter from a good attorney can move mountains. |
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lauralyn
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In my state, there are 3days to back out of any contract... |
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pura_rosa
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I am sure you can keep their deposit, get a lawyer and go over the contract, most have a clause that the buyers have x amount of time before loosing their deposit, if not at least sue in small claims! |
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