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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33743
Experience:  15 years real estate, Realtor. Landlord 26 years
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We currently have a signed contract on a great property in

Customer Question

We currently have a signed contract on a great property in Colorado Springs, CO, and it’s supposed to close on September 1st. We have met all of the requirements of the contract including inspection, we’ve completed our financing, etc. This deal was brought to us by our realtor in Colorado Springs who also happens to be a personal friend of a family member of the Seller. This makes our realtor now the Transactional Broker.
The Seller came back this last Thursday and wanted a 30 day extension so that she could have additional time to get all of her things out of her home because she has a LOT of ‘stuff’ to clean out (bordline hoarder). It’s also in the contract that she has to have everything cleaned out. We want the house because it’s our first deal and it’s a great deal so we reluctantly agreed which would move the closing to September 30th. We signed the extended deal to move the closing date and sent it back for her signature. She refused to sign it and now wants out of the deal.
In our mind we still have a valid contract that’s set to close on September 1st. There have been expenses incurred with the purchase of this house. Our time, our realtors time, our lender’s time, title commitment company’s time, inspection costs, mileage and gas from our home in Castle Rock down to Colorado Springs, sewer scope costs, etc.
Now last Friday she said she didn't to sell the house. Our Transitional Broker explained that we had a contract and we gave her until today at 5 pm to give us an answer.
She NOW wants more money and until the END of October to get all of her things out of the house.
How would we proceed with this?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

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.

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Expert:  Barrister replied 3 months ago.

In our mind we still have a valid contract that’s set to close on September 1st.

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You do. If no agreement to modify the original contract was agreed to by both parties then the current contract stands.

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How would we proceed with this?

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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.

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Hoarders are notoriously difficult to get motivated and to get them to voluntarily leave..

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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.

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thanks

Barrister

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