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Samuel-II
Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27009
Experience:  real estate law
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There is a litagation dispute between the ex.s they are

Customer Question

There is a litagation dispute between the ex.s they are selling the martial property but other issues havent been resolved
thou house closing is august 12 what would occur if one of the sellers refuses to ell the house?
its a long story so the only answer i need is what is one of ther sellers both on the deed refuses to sign at closing the ramifications
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Samuel-II replied 4 months ago.

Hello

This is Samuel. If they are under contract and both signed the contract, then both could be sued for the breach of contract.

Customer: replied 4 months ago.
I fully understand thatthaat woild be would be heard in court and the closing wouldnt take place?
Expert:  Samuel-II replied 4 months ago.

Thank you. Yes, the closing would not take place, and the buyers could bring the matter to a lawsuit for the breach of contract as per the terms of the contract. It may require an arbitration. You need to read the contract.

Expert:  Samuel-II replied 4 months ago.

The contract will specifically state the remedies available to both parties should there be a breach.

Customer: replied 4 months ago.
If one of the selling parties doesnt sign the closing and the other is willing too sign are they both in liablke since both are listed as sellers jointly and sverally
Expert:  Samuel-II replied 4 months ago.

Yes. That is correct. I apologize for the delay in this response.

Expert:  Samuel-II replied 4 months ago.

And while both may be sued, it will then be up to the non breaching party show why they should not be held liable and work to have the case against them dismissed.

Expert:  Samuel-II replied 4 months ago.

And while both parties may be sued, if two individuals are jointly and severally liable for a negligent act, the person who was harmed may sue any one of the partners, regardless as to each partner's share in the liability. Additionally, when the plaintiff is awarded a judgment they can then collect from the one who has the assets to collect.

Expert:  Samuel-II replied 4 months ago.

If I've missed anything that you needed or you have other questions, please let me know here. Otherwise, a Positive rating ensures I get credit for my time.