Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
In our mind we still have a valid contract that’s set to close on September 1st.
You do. If no agreement to modify the original contract was agreed to by both parties then the current contract stands.
How would we proceed with this?
This is the tricky part...if you give in to her demands, then you might find that come the end of October, she hasn't done anything and wants yet another extension.. If you refuse and file suit under a breach of contract action for "specific performance" then you are getting into an expensive and long legal battle, probably several months long at least, before a judge would order her to continue on with the sale under threat of contempt of court and jail.
Hoarders are notoriously difficult to get motivated and to get them to voluntarily leave..
So you have a tough decision to make here, but I think if it were me, I would probably go ahead and start a lawsuit because if she doesn't respond and defend if she doesn't have a few thousand to pay an attorney, then you might be able to get a default judgment in a month or two and be able to get a judge to throw her in jail if she didn't continue with the sale.