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.
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