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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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My home was . I entered into real estate contract with

Customer Question

My home was for sale. I entered into real estate contract with potential buyer. We went to closing as agreed, but buyer did not release funds for down payment and closing. The seller an i both signed documents. Two days later buyer terminated contract because he "lost" cashiers check. He did have proof of funds. Next day, after termination of contract we find a family in our house that say they had an agreement to rent home from buyer. They didnt have a lease agreement or anything. They say he helped them get into house. Is there any legal recourse we can get from buyer since he pulled out of contract?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
The house was vacant and had been a rental property.
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""Is there any legal recourse we can get from buyer since he pulled out of contract?""
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Yes, you can sue him for breach of contract for "specific performance" to force him to continue on with the purchase contract or to pay you for any damages that you have sustained as a result of his breach, including any attorney fees to get the people out of the house.
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At the bare minimum, you should be able to retain any deposit money as "liquidated damages" for his breach of the contract.
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But it sounds like he is a scammer to me..
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thanks
Barrister
Customer: replied 1 year ago.
Can i get him arrested for having those people in the house? Or is this a civil matter?
Expert:  Barrister replied 1 year ago.
Unfortunately no, this is strictly a civil matter of breach of contract.
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thanks
Barrister
Customer: replied 1 year ago.
Ok. Should i even bother to report this to the law or just get a lawyer and pursue a civil suit?
Expert:  Barrister replied 1 year ago.
There is no point in trying to report this to the police as they will tell you it is a strictly civil matter and probably won't even take a report..
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The faster you get a civil suit filed, the more likely you are to get some money out of this person before he disappears.
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thanks
Barrister

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