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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37844
Experience:  16 years real estate, Realtor. Landlord 26 years
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The seller is back out after we sign contract. what should I

Customer Question

The seller is back out after we sign contract. what should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are we talking about a real estate sales contract? A little more information than what you posted would be helpful..

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Why are they backing out?

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Did they sign the contract?

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Do you want to enforce the contract to force the sale to go through?

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thanks

Barrister

Customer: replied 1 year ago.
They were planning to move another state, but they change their mind. They signed the contract. we were waiting for closing day. Yes I want the sale to go through unless they pay all my expense including my stay until I found the place to live because I break my lease of apartment, my golden time that I wasted for the process, my broker commission.to another state
Expert:  Barrister replied 1 year ago.

Ok, if you have a signed written sales contract, then if the seller refuses to continue, you will have to file a breach of contract lawsuit against them and ask the judge to order "specific performance", which is where he orders the sale to continue or holds them in contempt of court. You can also ask for any legal costs, other damages like housing costs, and attorney fees since this is a willful and malicious action on the seller's part.

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The other option is to settle with them for some amount to compensate you for your time and effort and any expenses you have incurred.

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So you are on very firm legal ground here..

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thanks

Barrister