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Hi. I hope you...
Hi. I hope you can help me with some questions. I have a 3Bdrm home that has been in probate. Long story short-the home is out of probate as of this coming week. My dad passed away on Dec 24 '08. I had to put the house in probate because my dad did not take my deceased brother's name off things. Therefore, I am sharing w/my deceased brother's son. We have a buyer from a mortgage company. The house does not have a mortgage. Myself and my nephew decided to go w/the mortgage co. because it' just an easier thing for us to do. The man from the mortgage co. told us he would pay by May 1 '10 He has promised to pay several times. Why is he stalling? Is there something we can do? All we want is our buy-out. He's from a good firm.
Submitted: 8 years ago.Category: Family Law
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Answered in 2 hours by:
6/13/2010
Family Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in Family law matters.
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Dear jacustomer,

 

If you have a valid contract between you and the buyer, and there is no contingent reason as to why he has breached the May 1, 2010 closing date, you could sue him for breach of contract. If you are not living in the house, you could arguably sue for the 1+ months rental value of the home on top of whatever damages would otherwise be.

 

As for why he is stalling? Only he could tell you that, but if this were me, I'd likely not engage with him further until I had my own lawyer handling it. You obviously don't need a real estate agent, since you 'seem' to have a buyer, but you need someone to knock heads as they take advantage of you. Also, I do not know of a single major mortgage company out there that has not been accused of various deceptive practices, so 'reputable' apparently means very little when it comes to mortgage companies. Also, if it is with a company, why are you still dealing with him? I'd have been speaking with his manager the moment he screwed up the planned closing. They will continue to walk on your until you don't let them. From this point forward, I'd put every conversation or communication in writing, mailed cert. r.r.r. - you may need it if you have to sue that buyer. And when you get tired of waiting, have a r/e lawyer review your contract - hopefully it was not drafted by the mortgage company, as there may be little recourse for you, obviously, put into the contract. But, you never know - once the lawyer reads it, he can tell if this delay is actually a breach or not - and whether you have recourse AND, whether you can move on to find another buyer if you choose.

 

Good luck.

 

 

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