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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55288
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Seller is delaying the close of escrow by not performing

Customer Question

Seller is delaying the close of escrow by not performing required tasks promptly
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good evening Leroy. My name is ***** ***** I look forward to helping you.

What you want to do is to let the seller and the listing agent know that if his actions cause the closing to be delayed, you will consider the seller to be in default and file suit to ask the court to: i) enforce specific performance by performing under the contract; and ii) award you damages suffered due to any delay. Also, let the seller know that in conjunction with filing the suit, you will be filing a lis pendens on the property (fancy legal name for a lien in this situation) to prevent the seller from transferring the property to anyone else while your suit is being adjudicated. In my experience, once a seller knows your intent to pursue this proactively, the seller will move to close timely rather than risk the suit and damages.

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