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 LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
15277592
Type Your Real Estate Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

We have a contract to sell our ranch in Texas. Our original

Customer Question

We have a contract to sell our ranch in Texas. Our original closing date was Oct. 11. It was delayed by the buyer 4 times since then and is now Nov. 30. Today, Nov. 28, we have been told by the real estate agent they are considering changing lenders. I assume that would add 3 to 4 more weeks.

We have started paying rent on a house in FL as of 10/28 including all the prepays. We have started proceedings toward a home purchase in FL including an earnest money payment. We have packed up and are living out of boxes and sleeping on a mattress pad. Our mortgage comes due Nov. 1 (then we will be paying rent AND mortgage.) Our home insurance expires the 31st and will have to be renewed if there's another delay. We are retired on fixed income and are starting to draw heavily on credit having expected to pay everything this Wed.

What legal recourse do we have if they determine we are not closing Wed.? We've signed 4 addendums which are obviously a joke. What if we are expected to sign a 5th?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 10 months ago.

Good morning Charles,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You are not obligated to sign another addendum granting the additional time, and you may simply sue the buyer and claim breach of Contract. The damages you would seek would be all of the consequential damages flowing from their obligation to close from the date they last were obligated to close and you did not forgive by agreeing to an addendum extending the time.

You can also make any agreement to wait once again for a closing contingent on their payment to you of a certain amount of money---to help cover all the losses you will incur by reason of another delay in the closing of the property. You can ask that they pay the insurance and any storage fees you may be incurring.

You do not have to tolerate the continuing postponements and you do have the right to sue them for breach of contract and collect your damages if they will not close as planned.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

Customer: replied 10 months ago.

I do have a follow up question based on your answer: The last addendum brought to us by our agent, the 4th delay, we signed on his advice and it agreed to the delay to the 30th. Most of our expenses were incurred prior to the 30th, but were based on that date as our expected closing (and receipt of funds to cover our expenses.) Therefore, we would require compensation for expenses prior to the last agreed on date (forgiven delay.) Is this a problem?


Also, since our real estate agent was contracted to represent us, and since he never advised us of theses alternatives when we were asked to sign the extensions, would we also have legal action against him and/or would he be included in any action against the buyers.


 

Expert:  LawTalk replied 10 months ago.

Hi Charles,

I am happy to answer your follow up questions.

When you sign an addendum granting additional time, in doing so you eliminate your ability to later sue for the damages that you have suffered. If you want to win the case for Breach of Contract you cannot continue to sign agreements giving them the additional time. The money lost which occurred up until the next closing date is something that cannot be recovered---because you granted them this addition time without making the extensions of time conditional on them giving you something of value for your agreement to postpone---such as the money you are losing by postponement. That is why I suggested that you demand something in return for any new postponements that you agree to.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

Thanks for the excellent advice. We would like to keep this thread open just a little bit longer until we have talked to our real estate agent in case another question crops up as a result.

Expert:  LawTalk replied 10 months ago.
Hi Charles,

This thread will never close to you. You will always be able to come back to it---even years later. And, rating me now does not prevent you from asking follow up questions at a later time either.

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug
Expert:  LawTalk replied 10 months ago.
Thank you for your positive rating of my service, Charles. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future new legal questions you may have as well, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.