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06-30-2003, 10:13 AM
| | |  breach of contract
What is the name of your state? nj
here are the details of my lawsuit for breach of contract:
we were buying and selling a home simultaneously. we signed a contract for a single family home that had two kitchens. approximately three weeks before the closing date, we scheduled the inspection and the home appraisal. on the day that the inspection and the appraisal had been completed, the seller’s agent verbally tells us that the seller could not get a c of o because the second kitchen had been illegally built. in order for her to get the c of o, she would have to remove the second kitchen sink and we would have to sign an agreement stating that we would not use the second stove other that for backup purposes (no mother/daughter which was our intention). we asked for $ 10, 000 from the seller, so that we could use the money to bring the house up to code and we could make the second kitchen legal. these negotiations went on for two weeks. the seller was not willing to commit to our price so we terminated the contract. after the contract had been terminated, then the seller offered 10,000. when we finally accepted, the seller said no deal.
do i have a case? if i do, what can i sue for? i received my deposit money back; can i sue for expenses such as lawyer fees, inspection fees, mortgage fees?
please let me know if more details are needed.
thanks in advance. |
06-30-2003, 11:00 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Re: breach of contract
Quote: Originally posted by grobinson
What is the name of your state? nj
here are the details of my lawsuit for breach of contract:
we were buying and selling a home simultaneously. we signed a contract for a single family home that had two kitchens. approximately three weeks before the closing date, we scheduled the inspection and the home appraisal. on the day that the inspection and the appraisal had been completed, the seller’s agent verbally tells us that the seller could not get a c of o because the second kitchen had been illegally built. in order for her to get the c of o, she would have to remove the second kitchen sink and we would have to sign an agreement stating that we would not use the second stove other that for backup purposes (no mother/daughter which was our intention). we asked for $ 10, 000 from the seller, so that we could use the money to bring the house up to code and we could make the second kitchen legal. these negotiations went on for two weeks. the seller was not willing to commit to our price so we terminated the contract. after the contract had been terminated, then the seller offered 10,000. when we finally accepted, the seller said no deal.
do i have a case? if i do, what can i sue for? i received my deposit money back; can i sue for expenses such as lawyer fees, inspection fees, mortgage fees?
please let me know if more details are needed.
thanks in advance. | **A: was the $10K offered by the Seller in writing? |
06-30-2003, 11:04 AM
| | | | no it was a verbal offer. the last written offer was for a little over 5000, which to bring the kitchen up to code was not enough. |
06-30-2003, 11:46 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: Originally posted by grobinson
no it was a verbal offer. the last written offer was for a little over 5000, which to bring the kitchen up to code was not enough. | **A: then you have no case since you terminated the contract. |
06-30-2003, 11:48 AM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,558
| | | When you accepted the return of the earnest money, did you sign any documents?? If so, you very likely waived any rights to sue for breach or non-performance.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-30-2003, 12:35 PM
| | | | we didn't sign any documents per say... our lawyer just signed the letter stating that becuase of the inability to reach an agreement the contract was terminated. |
06-30-2003, 02:31 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | If you have a lawyer, why didn't you ask your lawyer the questions in your first post? If you did, what was his/her response? |
06-30-2003, 02:36 PM
| | | | that was the lawyer that worked with us on buying the house. he gave us an overview and said we mught have a case but didn't get into many details. i've had mixed responses from lawyers, some stating we might have a case, others say we have no case, others say our lawyer was the one who messed us up. so i wanted to see if i could get one consistent sensible answer. |
06-30-2003, 02:42 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: Originally posted by grobinson
that was the lawyer that worked with us on buying the house. he gave us an overview and said we mught have a case but didn't get into many details. i've had mixed responses from lawyers, some stating we might have a case, others say we have no case, others say our lawyer was the one who messed us up. so i wanted to see if i could get one consistent sensible answer. | **A: oh, and you got one from me. |
06-30-2003, 02:45 PM
| | | | thanks! |
06-30-2003, 02:59 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | ok. |
06-30-2003, 10:55 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,558
| | | "our lawyer just signed the letter stating that becuase of the inability to reach an agreement the contract was terminated."
*** Yep, and since the lawyer signed the document AGREEING to terminate the contract in your behalf, you have NO claim of breach.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
|
07-01-2003, 11:02 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Writer, there would not be a claim of breach of contract or specific performance regardless of your attorney signing and your deposit paid back, because the contract had already been terminated. |
07-02-2003, 06:18 AM
| | | | so my wisest move at this point wold be to withdraw my case? |
07-02-2003, 10:51 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: Originally posted by HomeGuru
**A: then you have no case since you terminated the contract. | | |
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