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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29072
Experience:  30 years of real estate practice experience.
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I was selling a mobilehome through a realtor and the buyers

Customer Question

i was selling a mobilehome through a realtor and the buyers failed to close because they failed to follow instructions of lending to not take out any credit, etc. the buyer co-signed for a car loan for a family member or friend and the lender backed out then she failer to get i.d. for her husband so their combined income would qualify for the loan. all of this occurred about the buyer and lender demanded a 30 day escrow which we complied with. the buyer additionally, at the 30 day, eleventh hour demanded we remove the jacuzzi (excellent condition), because of young children. then 3 months passed after the 30 escrow time limit and still failed to secure loan. so i had to pay each of the 3 months space rent, moved, stored possessions, gave away thousands of dollars of furniture, jacuzzi, and other misc.to meet 30 day deadline and lastly pulled sale and put back on market. do i have any recorse for my losses and expenses because of buyer negliance?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months ago.
Good morning. I am Loren, a licensed attorney and I look forward to assisting you.Was there a financing contingency in the contract?Was there any provision limiting damages for buyer breach to the forfeiture of the deposit?
Customer: replied 6 months ago.
None that we know of
Expert:  Loren replied 6 months ago.
Thank you for the additional information.You are entitled to retain the deposit and sue and recover any other damages for the buyers' failure to purchase the mobile home per the terms of the contract.Since the contract does not provide for liquidated damages or any other limitation, you can sue for whatever damages directly relate to the breach. The giving away of possessions may be a bit to removed from the breach to be recoverable, unless it was required under the contract that you rid the property of those items. Otherwise, it was done voluntarily. In other words, the buyers did not force you to give away your property.But, you can still recover your other damages.
Expert:  Loren replied 6 months ago.
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