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KJLLAW
KJLLAW, Other
Category: Landlord-Tenant
Satisfied Customers: 1627
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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We have a buyer for our house in Tn, he signed the as is

Customer Question

we have a buyer for our house in Tn, he signed the as is contract, but then wanted me to have a Black Mold test done (my expense) it came back Negative so he is still not satisfied, he is also suppose to pay rent until it closes in Jan, but has not. what can we do? there we no other stipulations
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  KJLLAW replied 1 month ago.
Good morning. I am a legal expert attorney who will assist you today.
Expert:  KJLLAW replied 1 month ago.
In Tennessee, the court can force the buyer to follow through with the purchase of real estate even if the buyer has refused to go through with the closing after signing a contract.Tennessee law allows a seller under a real estate sales contract a remedy called “specific performance.” Specific performance refers to an order whereby the court forces the buyer to convey the real property in question.The remedy of specific performance rests on the notion that every piece of real estate is unique and money damages are not a fair substitute for something as unique as a piece of real property.You can also ask for use and occupancy for the months they occupy and don't pay rent if you decide to sue the buyer.So you have several legal options:1. Keep the earnest money deposit as liquidated damages, if you have such a provision in the contract;2. File suit for damages; or3. Sue for specific performance. This means that you ask the judge to force the buyer to complete the purchase.Unfortunately this works only if the buyer really has money or the ability to get a mortgage loan.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.