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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55711
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I had entered in to contract to purchase home.. both seller

Customer Question

I had entered in to contract to purchase home.. both seller an myself signed contract an I gave them check that they have cashed.. I was informed today they want to change terms of agreement or I can't buy the home.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
They don't have the right to unilaterally change the terms of the signed contract. The contract you both signed is a legally binding contract and they are obligated to comply with it to avoid being in default. You want to let them know that they can either close pursuant to the terms of the contract or you will file suit to seek specific performance (which means you will be asking the court to order the seller to close pursuant to the terms of the agreement) and to recover any damages caused by their default. And, that as part of that suit, you will be placing a lis pendens on the property (fancy legal name for a lien in this situation) which will prevent them from selling the property to anyone else while your suit is being adjudicated.
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