How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28563
Experience:  30 years of real estate practice experience.
Type Your Real Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I put my mobile home up for sale about 1 month ago. It sold

Customer Question

I put my mobile home up for sale about 1 month ago. It sold right away and the contract was signed. Now I have decided to keep my place and I know I have to pay the realtor, but that's no problem. But the person buying it wants to sue me and I do not know what to do
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Loren replied 1 month ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Does the contract have any provision allowing for termination?

Is the buyer in breach?

Does the contract contain any provision limiting buyer remedies or damages for seller breach?

Customer: replied 1 month ago.
this is not the help I needed so I decline your help
Expert:  Loren replied 1 month ago.

What do you need?

Customer: replied 1 month ago.
The lady is going to sue me so there is nothing I can do
Expert:  Loren replied 1 month ago.

Do you have a defense?

Did the buyer breach? Is there a provision in the contract which limits remedies or damages?

Customer: replied 1 month ago.
Expert:  Loren replied 1 month ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 month ago.

If the buyer is ready willing and able to perform the obligations of the contract then you will be in breach if you refuse to close on the date indicated in the contract.

The best advice I can give you is to try to settle with the buyer to get a release from them of the contract. That is the only way out of the contract. You will need the agreement of the buyer. So, ask them what it will take to buy out their contract.

Otherwise, the court will hold you liable for breach of contract, force the sale and assess additional money damages.

Just remember to get a release if you arrive at a negotiated exit.

Expert:  Loren replied 1 month ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 month ago.
This answer I already knew, so no more questions. Thank you anyway
Expert:  Loren replied 1 month ago.

Well, good luck.

Expert:  Loren replied 1 month ago.

By the way, if the buyers have breached the contract somehow, asking for an extension to close or missed a deposit, for examples, you can assert that as grounds to dismiss their suit under the doctrine of "unclean hands".

Expert:  Loren replied 1 month ago.

In other words, a party in breach is legally estopped form enforcing the contract they have defaulted.

Related Real Estate Law Questions