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I have successfully sold my 1800s home in upstate New York.

I have successfully sold...

I have successfully sold my 1800s home in upstate New York. My husband and I, in our mid-sixties, wanted to be free of high property taxes but hoped to be able to stay in this area. We found the perfect house for us--a lovely 1800s home that needed some fix-up but was basically sound. We negotiated on price, and wound up at 487,500 (asking 499,000). The house is perfect, as it includes a lovely guest house, currently rented, and that rental will cover our taxes. We signed the contract. The seller did not. At this point she began making request after request before she would sign. She asked to see our contract with our buyers. We offered it with financial stuff redacted. he insisted on seeing the money details We caved. At about this time

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Wait. I wasn't even started. Hit the wrong button trying to paragraph. ...At about this time, she announced that she would not negotiate any further, no matter what the inspection showed was needed. The only thing she would cover were septic issues and water issues. We had those things tested. Water was fine, but the septic on the cottage was shot, and needed replacement. hat's on her. At this point she fired her real estate agent, but stayed with the same company, saying he had not represented her well. We continued and had the inspection. There were multiple things that needed repair, but no big surprises--bats in the attic, a leaky and badly angled porch roof, electrical problems in two rooms, broken exterior faucets, etc. We are used to old houses, and did not care, but it should be noted that we were calmer than most buyers would be. Now the seller informs us that she is removing two pergolas and a large, expensive-to-replace shed from the property. They were not excluded. We pushed back, and said that if she wanted to take them, OK, but we would need replacement monies, as we had bid on them. She said she would leave the pergolas and we could pay her 5G for the shed. We pushed back. A week's silence. Then she said she wanted to sell us the contents of the rental cottage for 2G "except for some precious antiques." I asked for a list of sale items, it arrived, and I thought it was OK, so said OK to that deal. She returns with, no, I have changed my mind and now I want 13G for them. We began to suspect she wasn't completely sound. But we really like this house, so we agreed to give her 10G separate from the sale price, and done. She then asked to see our buyer's approved mortgage. We complied. She said yes to the deal, but she didn't sign the amended contract. Turns out she doesn't like the closing date, which is set by our buyers, and they are adamant about it. I have everything set up for the move on this end. She says she can't make April 10th because she is an orthodox Jew and can't do work over Passover, which runs from the 1st to the 8th. Even now, she has time, though, if she started now. Or she could hire someone. It should be noted that this house is a rental--she does not live there, and the only thing she has to pack into boxes are some linens and a kitchen. I do not think she really ever intended to sell to us, and now we are looking at storage, and moving twice when we do find a house, and a rental until we find a house, and pet boarding fees, and all sorts of other small expenses that will add up. She led us down the garden path, and leaves us homeless and poor. As we are working from what my husband calls an ever-melting iceberg, financially, this is not good. Plus it has been frustrating and nerve wracking. Can I sue her for anything. Please advise.

Lawyer's Assistant: Where is the home located?

Our home is in Stuyvesant, NY, and the one we want is in Malden Bridge, NY, 12 miles away.

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

I just want to know if there are any grounds on which I can sue her for inspection, septic inspection, lawyer's fees and anything else.

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Answered in 1 hour by:
3/18/2018
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,595
Experience: Experienced real estate lawyer and real estate broker.
Verified

Under New York law, you have the right to sue the seller because she obviously misled you and intentionally pulled the rug out from your purchase. You can sue her for intentional misrepresentation and loss of economic advantage, i.e., the benefit of the bargain to buy the house that you successfully negotiated for before she changed her mind and started excuses for not selling to you.

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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,595
Experience: Experienced real estate lawyer and real estate broker.
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