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I have a contract to sell my vacant land and the buyer has…

Customer Question
I have a contract...

I have a contract to sell my vacant land and the buyer has not performed. We have inssued notices to perform and and issued a cancellation of escrow releasing the earnest money back to he buyer, but the buyer refuses to sign, or perform. Can I sell my land regardless

Lawyer's Assistant: Where is the property located?

Malibu Ca.

Lawyer's Assistant: Has any paperwork been filed?

We have been in escrow a long time. For over two years there was a contingency that I had to pull the bulding permits before we could close. I pulled the permits in September and have been trying to get the buyer to perform since. Our realtor has done the demand to perform, through the escrow company and also the cancellation of escrow form, through escrow

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

I have another offer to buy the property but my realtor wants me to sign an offer that says "contigent upon the closing of the exisiting escrow" and then open a new escrow at another escrow company

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/12/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
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Hello! I am a CA 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 4 months ago

Thanks so much for your patience. Generally, if a person, through their words or actions, indicates they are not going to perform, this is called an anticipatory repudiation. This means that the other party has the option to either treat this action as a breach or wait until the date that performance was due to consider it a breach. In your case, if you have indication that the buyer is not going to perform, then you can treat it as a breach. If it is a breach, then your performance is cut off. This means that you would be able to legally sell the property to someone else because the other party did not perform.

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

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