Sellers Wants To Cancel The Contract
I signed a contract 2 months ago, and it is 36 days pass the closing, the seller desided not to sell, because he was offered 50k more? I guess when my lawyer forces him to give up the home, (specific performance) if we go to court.
What are my chances of winning?
The seller is claiming his exwife did not sign the contract, and she did, (she is on there current deed and mortgage, both names as husband and wife) they are not legally divorced as of yet.
The question of getting a seller to honor a contract has been a topic that has come up before. You might be able to do a search and come up with additional info. Some posts say that courts will not force a seller to sell. Most of these have been where the seller thought they were getting a job transfer that fell through or some other situation where a sale might generate a hardship.
I would think that your chances are good to prevail since the reason is that he received a higher offer. What is your attorney telling you about your chances?
Aloha,
As far as I know....the seller can not be forced to sell their property. However, there are consequences that can be forced upon the seller. If this was handled through a listing through a Real Estate brokerage, the seller can be forced to pay all commissions. The realtors did their part by bringing together the contract. You can also sue for all costs involved with you getting the home. Inspections, appraisals, etc. I am not sure if you can also prevent the seller from selling his property to another party. You can also try to sue for the right of first refusal for a year of so, to punish the seller. He will not be able to sell the property to anyone else before presenting it to you. Not sure if this works, but worth a try. I had the same problem, but the seller sold when he learned I was forcing him to pay the 6% in commissions.
Noa
Just wanted to give an update, I went to court and the seller has two options give me a $LARGE$ amount of money, or give the house over to me. Another 2-4 month wait.
Thanks for taking the time to get back to us. Please keep us posted. Actual real time cases are an exceptional learning tool.