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I have a purchase contract signed by a seller for a property…

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Hello,I have a purchase contract...
Hello,I have a purchase contract signed by a seller for a property in Cleveland, OH. The price was agreed upon and contract was signed and sent to title. The property is an inheritance property and the owner is the only person on title. His wife is upset at the owner (her husband) because she wants more for the property and now he is refusing to sell the property for the price that he has signed the contract for. What are my options in this situation?Regards
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/6/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much fo your patience.

This appears to be a classic breach of contract if they signed the agreement and are not trying to back out of the deal. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, a court would probably order specific performance, meaning they would have to go through with the sale. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
Thank you for your timely response. Is it possible for me to have a lien placed on the property as well?
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

You're welcome! You could have a lien placed on the property; however, you'd have to file a lawsuit first. What many people do is they will file what's called a "lis pendens," meaning that there is a lawsuit regarding the property so the court should restrain the sellers from selling it to anyone else in the Tienanmen. If you win, and the other party does not perform, then you could get a lien placed on the property.

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