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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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hello my name is XXXXX XXXXX I am trying to buy a house in New

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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.
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

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 1 year 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.

Expert:  Joseph replied 1 year ago.
Thanks for the additional information, Jason.

I'll look into this for you and get back to you shortly.
Customer: replied 1 year ago.

thank you

Expert:  Joseph replied 1 year ago.
Thank; be back to you soon.
Customer: replied 1 year 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?

Expert:  Joseph replied 1 year ago.
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:

www.lawyers.com

www.avvo.com

www.martindale.com

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





Joseph, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Joseph
Joseph
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Attorney with significant and substantial experience in multiple areas of law.