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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I made an agreement somebody to close on a condo for

Customer Question

hello I made an agreement somebody to close on a condo for two hundred thousand dollars on August 1st we agreed to the move in date the closing date the condition of the apartment and the price via emailhowever just one week later I received a text message from the owner of the condominium I was going to by stating that he received a higher offer and that he was going to go with his higher offer which was $15,000 hire I told him that he cannot do this we had a deal via email and he told me that he was not going to fight with me but he was a businessman accepting a better offer and that we didn't have a written contract between the two of us can he legally do this and get away with it
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
An email exchange constitutes a written contract.Your seller is in breach of contract with you and you can sue him for damages. You can sue for 1) specific performance - real property is deemed to be unique and therefore you are entitled to be sold that specific piece of property for the price agreed upon; 2) benefit of the bargain damages - money to compensate you for the loss in the transaction (the difference in the value you were going to pay and the amount you have to pay in order to purchase a similar unit); or 3) compensatory damages - money to compensate you for actual money lost due to the breach.Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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