How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

hello my name is XXXXX XXXXX I am trying to buy a house in New

This answer was rated:

hello my name is XXXXX XXXXX I am trying to buy a house in New York. I have entered into a purchess agreement after finding a house over 100 miles away, only to have the seller change his mind about selling for no reason at all at the last second. I have met all the responsibilities of the purchas agreement including down payment and obtaining a morgage comitment. There are no contingencies on the purchess agrement what so ever. The seller of the house will not let the bank apraiser enter the property to do the apraisal. My real estate agent and loan officer tell me that I need to take action. How ever my lawyer keeps on telling me to be paitent and that everything will be ok. As fare as i can see my lawyer has done nothing to take action against the seller of the house despite my requests to sue for posesion of the house.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I'm sorry to hear about your situation and hope I can help.

Can you tell me what question you have regarding your situation?
Customer: replied 2 years ago.

what am I to do next in order to assure I do not lose the house. I wish very much to purchase and close on this house. My lawyer tells me that I must wait untile after the closing date to take legal action the seller is this true.

Thanks for the additional information, Jason.

I'll look into this for you and get back to you shortly.
Customer: replied 2 years ago.

thank you

Thank; be back to you soon.
Customer: replied 2 years ago.

yes ok. Bolth my lawyer and the sellers lawyer have signed off on the purchass agreement. My loan person and real estate agent will testify to this. From what I have read on line there are actions called remedy of specific performance and a notice of penency to prevent trasfer of the property to a third person. how soon can I take action and where must I go to do so?

Hello Jason,

You do need to sue for breach of contract in order to ensure that you do not lose the house. Although, you shouldn’t have too much difficulty in proving this case in court since you have an enforceable contract.

You would sue for breach of contract and the remedy that you would request would be specific performance. Namely, forcing the seller of the house to go through the transaction and sell you the house. In the interim, you can file for a lis pendens, or notice of pendency, which secures your interest in the property.

However, your attorney is correct that you need to wait till after the closing date in order to file suit. That’s because, despite the seller’s clear representations that he will not go through the sale, as he is obligated to do under contract—the contract will not be technically breached until after the closing date, when he refuses to sell. The very next day you can go to your local county court house and file for the breach of contract and notice of lins pendons.

You should definitely get an attorney to assist you. If your current attorney is unwilling or unable to represent you, you should find another attorney to do so. (The majority of real estate attorneys are transactional attorneys and will not be willing (or able/competent) to sue on your behalf). So, you will probably have to hire a litigation attorney in order to sue.

While JustAnswer experts are not allowed to provide specific recommendations for attorneys, I can provide you with a lsit of websites you can consult:

If you want to get a jump on this, and you know your current attorney will not represent you in a suit, it would be a good idea to start consulting with attorneys prior to the closing to have things put in place to go forward with the suit after the closing (presumably) will not go through.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!


Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 8 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.