Real estate law

Business 4 views 4 answers
I had a signed real estate deal with a cash buyer. The day off the closing she said she wanted to close the next day because she said she was to busy to close on that day and I consented. The following day she said she had changed her mind and did not want to complete the purchase. I feel she is in breach of contract since there was no contingencies in the contract for her to back out. She wasted my time, My real estate agents time and the title companies time. I would like to know what my options are to go after her for breach of contract. She is worth over a million dollars according to the financial statement she provided as proof of funds to purchase the home.

Attorney Answers

4
Daniel Woodring ·
Did she put down a deposit in Escrow? If so, she may have forfeited the deposit if she breached the contract by not closing, but depends on the terms of your contract.
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Richard Zaretsky ·
The answer depends on the written contract. If there is a clause - usually in the default paragraph, that requires the buyer to close or lose its deposit, then you can get the deposit. There may also be a clause that allows you to have the buyer perform - actually buy the property. Damages could be measured by various methods and a real estate attorney who litigates might be best to review the contract and the type of property to be able to best advise you on what your enforcement options may be.
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William Davis ·
In many cases there is an earnest money deposit that stands to be forfeited in the event of a late decision not to complete the sale. This amount typically is intended to offset your loss in the event that the sale is not completed. You will need to consult the documents involved to appropriately evaluate your options and the consequences. You may wish to hire a lawyer to assist. Good luck.
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Eric Klein ·
Assuming you signed the standard form sales agreement, you probably have a claim for breach of contract. Your remedies could be retaining the security deposit in addition to other damages. You should consult an attorney to discuss your options.
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