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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2341
Experience:  Helping you with your legal questions.
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Me and my wife put in an offer on a house it got accepted.

Customer Question

Hi me and my wife put in an offer on a house it got accepted. Two days later we have family emergency so no or agent is saying the seller want to sue us for beech of contract and damages
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Customer: replied 1 month ago.
ok
Expert:  Damien Bosco replied 1 month ago.

Sorry to hear about your emergency. What does the contract terms say about a buyer withdrawing an offer? In other words, does the contract say anything about a withdrawal of an offer?

Customer: replied 1 month ago.
No it doesn't
Expert:  Damien Bosco replied 1 month ago.

Did you pay a down payment or put money upfront?

Customer: replied 1 month ago.
As far I see
Customer: replied 1 month ago.
No
Expert:  Damien Bosco replied 1 month ago.

So, you signed a sales contract with no downpayment?

Customer: replied 1 month ago.
We put a offer and it got accepted then that was it .and we did not put any money down
Expert:  Damien Bosco replied 1 month ago.

Okay. One final factual question. In the written sales contract you signed with the seller, does it have a remedy clause or a clause referring to termination of the contract. Also, how long ago did you sign the contract?

Customer: replied 1 month ago.
No. And 22 of last month
Customer: replied 1 month ago.
No that I know and the 22 of last month .
Expert:  Damien Bosco replied 1 month ago.

Here is some law on the matter. When a buyer breaches a real estate purchase contract, the seller still retains the property, which can be used in any manner the owner desires and may be sold to another buyer. It is common for sellers to desire the breaching buyer to pay for expenses incidental to ownership pending resale. Expenses incidental to ownership include, but are not limited to, mortgage payments, insurance, taxes, maintenance, homeowner association dues, and utilities during the time of the pending sale, and possibly any real estate broker's fees. The seller would have to bring a claim in court. To give comfort for you, the buyer would not be forced to buy the property or pay the full sale price, but could be liable for the incidental expenses listed above. We can discuss more if you would like to do os.

Customer: replied 1 month ago.
Ok my agent is saying that we have to go through with it
Expert:  Damien Bosco replied 1 month ago.

There is nothing in law to force a buyer to buy a home. The damages are monetary in nature as set forth above. We can discuss more if you would like to do so.

Customer: replied 1 month ago.
you saying I will have to pay for the stuff the suppose to fix
Customer: replied 1 month ago.
What damages?
Expert:  Damien Bosco replied 1 month ago.

A seller can sue the breaching buyer to pay for expenses incidental to ownership pending resale if put up for resale. Expenses incidental to ownership include, but are not limited to, mortgage payments, insurance, taxes, maintenance, homeowner association dues, and utilities during the time of the pending sale, and possibly any real estate broker's fees. The seller would have to file a complaint in court. We can discuss more if you would like to do so.

Customer: replied 1 month ago.
i can get sued for it
Expert:  Damien Bosco replied 1 month ago.

Possibly the seller could sue a buyer for breach of contract if a buyer pulls out of the contract unless it was because they could not get approved for a mortgage. If this happens, you would want to get an local attorney to help you through the process or negotiate a small settlement. Sometimes the seller will not file a complaint because it cost money to do so. We can discuss more if you would like to do so.

Customer: replied 1 month ago.
We got approved for a loan but we had family emergency which we had to financial take care of an told them that
Expert:  Damien Bosco replied 1 month ago.

I understand. Is there anything else you want to ask?

Expert:  Damien Bosco replied 1 month ago.

Hello: I have not heard back from you. If you need additional assistance, please let me know. Otherwise, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. I know the answer is not quite what you wanted to hear but at least you know what can happen and that a buyer is not required to go through with the purchase. Best regards.

Customer: replied 1 month ago.
Ok thanks
Expert:  Damien Bosco replied 1 month ago.

You are welcome. I hope the best for you.

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