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Category: Canada Law
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Experience:  Lawyer
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We are not going to be able to close our firm offer. We havent

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We are not going to be able to close our firm offer. We haven't sold our home & our daughter has been having major seizures due to the changes in house & stress. She has severe autism. We know we ll be penalized but cannot finance both homes
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

Unfortunately, the seller will not care about your reasons no matter how compelling they are. And the seller will likely sue you.

At the same time the seller has a duty to mitigate his/her damages which means that the seller has to take all reasonable steps to try and sell the house again.

If the seller does this you will only be on the hook for any drop in price the seller ends up having to take.

If the seller suffers further damages you would be liable for these damages as well.

Unfortunately this is a very serious situation and I suggest that you consult with the real estate lawyer who was going to do the closings for you.

If you did not retain a lawyer yet then you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
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