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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20362
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I flew to FL for an inspection on a condo we were purchasing.

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I flew to FL for an inspection on a condo we were purchasing. We have a contract with a $5000 deposit being held in escrow at a title co. The seller did not show up at the inspection and a few hours later texted me that she wasn't selling. What are my options? I sm beside myself

Thank you for the information and your question and I am sorry to read about your situation. Assuming that your contract did not contain any "liquidated damages" clause, you essentially have two options. One is to file suit for specific performance under the contract. In other words, file suit asking the court to force her to sell the property to you. Those suits though are not often successful as the courts don't like to force someone to sell their home. The other option, which is a stronger option, is, if you cannot work this issue out between you, to file suit for breach of contract and ask for damages in the amount of any out of pocket expenses that you have that relates to the property purchase. Of course, you are also entitled to the return of your earnest money.

You might consider working through your Realtor to see if they can put pressure on them to go through with the sale. If not, they might be able to work out a financial settlement to reimburse you for your expenses and time.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer: replied 4 years ago.


I'm sorry but your reply came through without any text, would you please send it again?

Thank you
Customer: replied 4 years ago.
I am sorry I couldn't type with my kindle using the format you provided. My only question is this is not the sellers home but an investment property and no one is in it right now. I think they may have another buyer. Does this make a difference in any action?
Thank you for your reply. The legal options are still the same. However, there would be a slightly (but only slightly) better chance that a court would order specific performance. But, these cases can be very protracted and expensive, so that is something to keep in mind. It does help you, in terms of the breach of contract and damages, that she turns around and sells, when she told you it wasn't for sale.