Seller Breach Of Contract
I am in a tight situation my lawyer wants me to attend a forced closing on Dec. 2, 2003 for a home that the seller has stated that he will not sell because his job offer did not come through out of state. The seller of the home also refused to let the appraiser in the home prior to his formal letter from his lawyer on now wanting to sell. I have given up my apart\ment thinking i would be in my new home by the end of this month Help me what do i do from here i need a place to stau as of Nov. 30 
Well, you can't make the seller sell. So if you are still in your apartment, perhaps you can talk to the management and tell them you are not moving afterall. Then go look for another house. In the interim, you could investigate your options as far as holding the seller responsible for the inconvenience. I'm assuming you had a contract.
Sorry this happened to you. I hope everything works out.
You won't be able to force him to sell but depending on the contract you can seek penalties for any losses you may have incurred. Such as loss in wages having to do with finding a new apartment any fees you have to pay get the new apartment + you get your earnest money back.[ Edited by demosthenes on Date 11/21/2003 ]
If I understand your question correctly then I must say that I disagree with the previous posts. As a lawyer I will tell you that If you have a contract to purchase the property and the buyer breaches that contract, you have the right to seek specific performance. The law recognizes that each property is unique and therefore will allow you to compel its sale if the buyer refuses to do so. It doesn't work the other way around if you were the seller and your buyer refused to buy. In that case, money damages would be the appropriate means of compensation. In this case you can sue for either 1) forseeable damages you can prove (sounds like you can do this) or 2) specific performance. Speak to a lawyer in your area pronto.
J
Thanks for the responses my lawyer has set a forced closing on Dec 2, 2003 and and a time of essence closing on Dec 5 I have my list for small claims court that he the seller will be brought to after all of this is done....thanks for the advice
I want to see the judge who would kick someone out of their house in a specific performance lawsuit when the seller lost their job and did not have to move. I agree you will have a claim for money damages. You will not get any pain and suffering damages. Better off to find another house. They are not that unique.
Thank you,
Ted P. Stokely Jr
11505 Sw Oaks
Austin, Texas 78737
512-301-9171 home
512-587-6177 mobile
I would not want to force anyone to move or try to have the law to do so I just want to receive my money that was put into the process of buying this home. The "forced"closing date is the terminology the lawyer used when speaking w/ me at this point I can care less about the home it is now about the principal of the matter. I want my money back for the inspection, application, new apt deposit and lawyer fees
Thanks to everyone who has responded to my discussion. Please continue to post for further advice or opinions!
Your "move on " attitude is best for the situation. The attorney may want you to attend the "non" closing to show you are ready and willing to continue with the contract. From that point you will have a more solid case for your damages. Collecting your damages may be tough if the seller doesn't have a job or goes BK. Get a court judgement against the seller for damges. You can get your money out of his future wages. Beware of the money you spend on attorney fees and court cost may be more than your claim. Yes, you can ask for attorney fees to be paid but some courts are very hesitant to allow for your attorneys fees to pepaid by the seller.