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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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The seller did not show up on closing of raw residential lot

Customer Question

The seller did not show up on closing of raw residential lot which is located on hill and slopy terrain. However buyer completed the closing part on the day as mentioned in binding contract.Now the seller attorney is offering damages and offering the lot to next door neighbor who claims that they have first right of refusal but nothing seller knows of or nowhere in existence or show up in title history or neighbor had provided the written document. However the seller is afraid that the litigation from neighbor would be expensive than than breaching the sale contract with me. Neighbor assert that their passed away son had the first right of refusal when he bought the land and it should passed it to them automatically after their son death. I as a buyer want that that lot so bad because I already have enough time and energy spent on it and this lot is special and unique and I am going through emotional distress.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd be happy to assist for informational purposes.

Can you please clarify what is your question based on the facts you stated? I just want to make sure I give the answer you are looking for.

Customer: replied 3 months ago.
The seller breached the real estate contract claiming the alleged first right of refusal by neighbor however I see it as they might receive better offer. Now I want to see my options.My first preference would be to go ahead with the sale and get that lot . However if they do not want to sell me a lot. I want compensation for the damages ie $20,000 because it caused me big emotional distress and I withdraw the offer that I made for another house to build house in this lot.I want to see how can I go ahead with my options and how I can find a mediator to settle this. I am aware that I can file a lawsuit for specific performance there may not be trade off it becomes complicated lawsuit
Expert:  AttyHeather replied 3 months ago.

If you want the lot, you should sue for specific performance. That right of first refusal was not on the record, and you are a bona fide purchaser. You were in good faith and you had no idea that there was a right of first refusal. The other parties are at fault, as they have entered a contract, and they are obligated on that contract. The right of first refusal was something you could not have known about because it was not on the record. The neighbor was in the position to prevent this situation, because he could have filed the right of first refusal with the county or city recorder's office, but he did not. You are the only party who is bona fide and with clean hands. You have a good case for specific performance, and you should write a letter stating that you will so sue for specific performance if they do not go forward with the sale. You should also state that you will file notice of the litigation on at the recorder's office by filing a "lis pendens" which will prevent the property from being transferred to the neighbor without resolving the issue with you. While it does sound like an extremely stressful situation, you would not have a cause of action for intentional infliction of emotional distress. The elements of that tort are: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. You would not likely prevail on emotional distress, because you would not be able to prove extreme and outrageous conduct (while the defendant's conduct was bad, it falls short of being extreme and outrageous. In addition, you would not be able to prove the fourth element - severe emotional distress - unless you have seen physicians and doctors and/or therapists as a result of what the defendant did to you, which you probably have not.

Has this answered your question?

Expert:  AttyHeather replied 3 months ago.

Hi, I'm just reading through the information that I provided. I think I have answered your question. Can you please confirm this by jumping back in the conversation and just letting me know? That way, I know that I have finished assisting you. Thanks!

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