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Hello. My name is***** and I will be assisting you in answering your question.
I would need to see the contract for sale that you had with the buyer to give you a better answer.
So you are within your rights to cancel it. However, is there a cancellation policy in the contract stating that you are required to provide 60 days notice?
Then no, you do not need to provide a 60 day notice.
Have I answered all your questions?
At this point, you should be ok. As long as he cannot go back and record the deed because you have the cancellation recorded.
Please make sure to rate my answer at your earliest convenience.
You are very welcome.
Ok I just wanted to make sure the contract had not been recorded. There should not be anything left for you to do.
Thank you kindly!
Has the realtor brought suit against you? Is that who the Plaintiff in this action is? He may be suing you for his commissions.
The scheduling conference is an initial, pre-trial conference where all the relevant dates moving forward with the trial.
The two motions that can be filed to dispose of the action are a motion to dismiss and/or a motion for summary judgment. This will depend on the status of the case and the documents that have been filed. A local attorney will be better suited to assist you with this.
If I was in your shoes, I would definitely seek an attorney to represent me in this matter as there could be serious consequences.
The Buyer may be suing you for specific performance of the contract (which would force you to sell the property to him) or he may only be seeking damages. I would have to see the complaint to give you a more definite answer. However, this is a serious matter and you should engage an attorney to represent you.
The proper place to file would be the county where the property is in. You can request to have the case moved to that court.
He can always sue (even if he is wrong in his position). However, that does not necessarily mean he would win.
These factors are certainly factors that the court will consider in making their decision. Logically, one cannot sue for damages they were never legally entitled to, so it seems unlikely that he stands to recover anything if these facts are true and can be proven.
It sounds like there may be enough evidence that, if you were to file a Motion for Summary Judgment and attach all this as evidence, the Court may enter judgment in your favor in the action.
Without knowing the other side of things, it doesn't sound like the facts are in the buyer's favor.
The text messages can come in as they are not considered verbal in nature and are in writing.
If the contract is silent on whether he can rent or not, then the best approach would be to cite the laws that make it illegal to rent the property so you can make the argument that the buyer would have known he could not rent the property.
The attorney said you had to file a 60 day cancellation notice of the sale of the property or to the tenants who were renting?
Yes. You should file a new cancellation with the 60 day limit on it.