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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 30904
Experience:  30 years of real estate practice experience.
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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: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months 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 6 months ago.
this is not the help I needed so I decline your help
Expert:  Loren replied 6 months ago.

What do you need?

Customer: replied 6 months ago.
The lady is going to sue me so there is nothing I can do
Expert:  Loren replied 6 months ago.

Do you have a defense?

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

Customer: replied 6 months ago.
no
Expert:  Loren replied 6 months 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 6 months 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 6 months 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 6 months ago.
This answer I already knew, so no more questions. Thank you anyway
Expert:  Loren replied 6 months ago.

Well, good luck.

Expert:  Loren replied 6 months 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 6 months ago.

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

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