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Seller is pushing for cancellation because Buyer could not…

Customer Question
Seller is pushing for...

Seller is pushing for cancellation because Buyer could not close on Contract Closing date. Buyer could not close because Seller produced a water test 14 days latter then what was stated in the contract, which held final underwriting approval up. Buyer does not want to cancel

Lawyer's Assistant: Where is the property located?

Minnesota

Lawyer's Assistant: Has any paperwork been filed?

Not with the Courts

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

They also would not allow the appraiser access to the attic which is required for the type of loan they agreed to

Submitted: 9 months ago.Category: Real Estate Law
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11/17/2017
Real Estate Lawyer: Richard, Lawyer replied 9 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,235
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 9 months ago

Good evening. The seller is not going to be able to legally terminate the contract because the seller is not going to be able to benefit from a delay caused by the seller. In other words, a seller cannot benefit from the seller's own bad acts. The buyer should put the seller on formal written notice that buyer is not accepting of the seller's attempt to cancel and if seller does not agree to close within a short specified period of time, buyer will file suit for specific performance and any damages incurred by buyer and file a lis pendens on the property to prevent the seller from selliong it to someone else while the suit is being adjudicated. The letter is typically all you need, but if it doesn't convence the seller, buyer should file the suit and the lis pendens.

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