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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6516
Experience:  Real Estate Attorney
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Can a contract to sell your home be terminated by one of the

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Can a contract to sell your home be terminated by one of the selling spouses, if it is before closing? There was pressure by husband to sell and leave the state, and it seems divorce will be imminent soon thereafter.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Both spouses will have signed a purchase contract already if a closing date is set for Monday. Both would have had to sign without duress. Duress can invalidate the contract. However, if they try to back out without a court determination (which would take a great deal of time to obtain (and proof would be required that she signed under duress)), then the buyers would be able to sue for breach of contract. Thus, although there may be a legal remedy for her to invalidate the contract and stop the sale, there's really no way to obtain that remedy by the closing date. The contract, as it is, is presumptively valid and it would be a breach of contract to not close on Monday without a court determination of invalidity first.

Customer:

Thank you so much for the prompt response. I am under duress also (mispelling the word) . I will not need further response.

TMcJD :

You're welcome. One thing that she might consider since closing is so soon is speaking to a local attorney that could assist with a temporary restraining order or temporary injunction that would prevent closing until such time as a court could address the invalidity of the contract based on duress.

TMcJD :

Please let me know if I can help with anything in the future.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks again!

Customer:

Can you recommend a Charlotte, NC attorney for this purpose, if this is the first step?

Customer:

Can you recommend a Charlotte attorney for this purpose, since this would be the first step?

TMcJD :

I cannot make specific recommendations due to JustAnswer restrictions but www.martindale.com and the NC bar association would be good places to start in searching for an attorney.

Customer:

Can you tell me the total charge for your service?

TMcJD :

Your deposit was $79. That would be the total charge.

Customer:

Are you local?

TMcJD :

No, I am not. Sorry.

Customer:

Thank you so much and I will rate you excellent right now!

TMcJD :

Thank you. Have a great evening!

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