attorney approval clause

[Dee518]

I am involved with a nasty litigation involving a real estate transaction. The seller entered into another contract with another buyer for more money. He never cancelled and released the contract with me. However, since he and the new buyer are conspiring together, they are trying to find every technicality wrong with my contract.

The seller did not have an attorney at the time of our transaction. My attorney sent an approval letter asking that the unit be deliverd empty. The seller had agreed verbally, but not on the contract . He also did not answer my attorney approval letter. WE thought all would go smooth since we had closed on the one Im in .Once he did finally evict his tenant I received mortgage commitment two weeks later. I essentially did everything asked. It is now 16 months later and he is renting the unit to the other buyer, because I have a lis pendens on the property.

Now the new buyer and him are saying that I have no contract because the attorney approval letter constitutes that my original contract is null and void. They are trying everything to oust me and to get me to lift the lis penden. The other buyer has also retained and attorney and is threatening to commence action against me.

Please HELP. This is the other half of a duplex condo. I had a contract for both and closed on the one I now live in. The other half was meant for my aging parents. The other buyer is buying it to flip and make a profit. She is a realtor.

Do I have ANY options to save my case?????


Heartsick in Albany
Dee

[HomeGuru]

[quote=Dee518]I am involved with a nasty litigation involving a real estate transaction. The seller entered into another contract with another buyer for more money. He never cancelled and released the contract with me. However, since he and the new buyer are conspiring together, they are trying to find every technicality wrong with my contract.

The seller did not have an attorney at the time of our transaction. My attorney sent an approval letter asking that the unit be deliverd empty. The seller had agreed verbally, but not on the contract . He also did not answer my attorney approval letter. WE thought all would go smooth since we had closed on the one Im in .Once he did finally evict his tenant I received mortgage commitment two weeks later. I essentially did everything asked. It is now 16 months later and he is renting the unit to the other buyer, because I have a lis pendens on the property.

Now the new buyer and him are saying that I have no contract because the attorney approval letter constitutes that my original contract is null and void. They are trying everything to oust me and to get me to lift the lis penden. The other buyer has also retained and attorney and is threatening to commence action against me.

Please HELP. This is the other half of a duplex condo. I had a contract for both and closed on the one I now live in. The other half was meant for my aging parents. The other buyer is buying it to flip and make a profit. She is a realtor.

Do I have ANY options to save my case?????


Heartsick in Albany

**A: you need to be talking to your attorney. There are too many issuses that can't be resolved on a website like this.

[sunvain]

another brilliant observation from the fortune cookie

[PghREA]

Originally Posted by sunvain

another brilliant observation from the fortune cookie

Well Sunvain and OP, if the original attorney can't resolve this issue, its stands to reason that the OP should hire an other attorney. Cyber people can only do so much.

Originally Posted by Dee518

I am involved with a nasty litigation involving a real estate transaction. The seller entered into another contract with another buyer for more money. He never cancelled and released the contract with me. However, since he and the new buyer are conspiring together, they are trying to find every technicality wrong with my contract.

The seller did not have an attorney at the time of our transaction. My attorney sent an approval letter asking that the unit be deliverd empty. The seller had agreed verbally, but not on the contract . He also did not answer my attorney approval letter. WE thought all would go smooth since we had closed on the one Im in .Once he did finally evict his tenant I received mortgage commitment two weeks later. I essentially did everything asked. It is now 16 months later and he is renting the unit to the other buyer, because I have a lis pendens on the property.

Now the new buyer and him are saying that I have no contract because the attorney approval letter constitutes that my original contract is null and void. They are trying everything to oust me and to get me to lift the lis penden. The other buyer has also retained and attorney and is threatening to commence action against me.

Please HELP. This is the other half of a duplex condo. I had a contract for both and closed on the one I now live in. The other half was meant for my aging parents. The other buyer is buying it to flip and make a profit. She is a realtor.

Do I have ANY options to save my case?????


Heartsick in Albany
Dee

Seems like you have two (2) best options. You have 16mos. invested in this deal.
1.) Give up your quest, fold up your tent (sell your side) and find another property.
2.) Finish the race, stand your ground. If you have all this documentation as you state, then take it to court, prove your case!
As you clearly stated you been doing this for 16mo. and times wasting!

[HomeGuru]

Originally Posted by PghREA

Well Sunvain and OP, if the original attorney can't resolve this issue, its stands to reason that the OP should hire an other attorney. Cyber people can only do so much.

**A: good response.