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Had a deal fall through because the buyer's wife wouldn't…

Customer Question
Had a deal fall...

Had a deal fall through because the buyer's wife wouldn't sign a Quit Claim which the selling agent never disclosed until 2 days before closing. now they just want to trash the deal, although seller has evicted the tenant and now home is empty due to the request of the buyer. Does the seller have any recoarse besides the deposit?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California, and wife was not on contract or loan papers.

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The selling agent never disclosed about the wife until two days before closing.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/3/2017
Real Estate Lawyer: Ray, Lawyer replied 10 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,928
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 10 months ago

Seller here would look to the contract for remedies.Normally I would tell you they get to keep earnest money as liquidated damages here and that's it but I have seen addendum's with penalties for delay or failure to close.So look at he contract, see if there is any addendum on this issues.

If seller has to start over they should look at an addendum to next contract with penalties for failing to close here.

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Real Estate Lawyer: Ray, Lawyer replied 10 months ago

Here is reference to suing here for other remedies

https://www.lawyers.com/legal-info/real-estate/residential-real-estate/sellers-remedies-and-real-estate-sales-contracts.html

A seller may bring a lawsuit against the buyer and ask for money damages when a buyer has not done what was agreed to in the contract. The amount of the damages the court may award will be based on the difference between the contract price and the market value of the property at the time of the breach, less any down payment or other payment already made, plus interest from the date of default.

A lawsuit for specific performance involves the person claiming a breach of contract asking the judge to order that the transaction be completed according to the terms of the contract, rather than ordering a payment of money damages.

A seller does not have a contractual right to specific performance; whether or not to grant specific performance is up to a court, and it's rarely granted.

A court may consider granting specific performance if the contract is clear and definite and an award of money will not return the individuals to the positions they were in before signing the sales contract.

If the agreement is definite in all of its essential elements, specific performance can be granted. Essential elements of the contract typically include the purchase price, deposit amount, legal description of the property, financing terms, closing date, and effective time period of the contract.

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Customer reply replied 10 months ago
Thank you, ***** ***** I looked at except addendum with failure to close.
Real Estate Lawyer: Ray, Lawyer replied 10 months ago

So this round it may just be the earnest money next time around an addendum with penalties for delay in closing or failure to close to protect seller.

Thanks for rating 5 stars at top of page.

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