Can I sue to force seller to close?

[jdbdlb]

What is the name of your state?What is the name of your state?Utah

I signed a purchase agreement contingent on selling my house. The seller of the new house accepted. I then accepted an offer on my house. The seller of the house I want to buy says he has now changed his mind and doesn't want to sell. Can I force him to close. If I can't buy the new house, I don't want to sell mine. What can I do? thanks

[HomeGuru]

Originally Posted by jdbdlb

What is the name of your state?What is the name of your state?Utah

I signed a purchase agreement contingent on selling my house. The seller of the new house accepted. I then accepted an offer on my house. The seller of the house I want to buy says he has now changed his mind and doesn't want to sell. Can I force him to close. If I can't buy the new house, I don't want to sell mine. What can I do? thanks

**A: can't tell without reading the entire contract.

[BradleyS]

Curious......

What reasons did the seller give to you on why they changed their minds???

[jdbdlb]

the contract says I can sue to enforce specific performance. I'm just not sure how easy or how long it will take. The seller says he wants more money (10,000) more on a $500000 house.

[passingby]

Originally Posted by jdbdlb

the contract says I can sue to enforce specific performance. I'm just not sure how easy or how long it will take. The seller says he wants more money (10,000) more on a $500000 house.

Did this person request this additional amount in writing?

Was a purchase price already agreed to and signed by all parties before the request for additional money?

[nextwife]

Was the homesale contingency removed during the required time frame? What other contingencies exist?

[jdbdlb]

We had an REPC signed and dated by all parties for 485,000 with a contingency to sell our house in 45 days. We sold in 11, then notified them that we had met that requirement and were then told that "he had realized he couldn't let it go at 485,000 (98% of asking price). In order to avoid a lawsuit, and because we had a new contract on our own home, we extended an addendum to the original for 495,000 (full asking price) with no contingencies, since our home was already sold and our financing was already approved. At the signing deadline for that addendum, he said he was no longer sure if he wanted to sell at all. So, here we are with a contract on our home and a contract for 485,000 still in force on that one, although he has missed the Seller Disclosure Deadline.

[passingby]

Originally Posted by jdbdlb

We had an REPC signed and dated by all parties for 485,000 with a contingency to sell our house in 45 days. We sold in 11, then notified them that we had met that requirement and were then told that "he had realized he couldn't let it go at 485,000 (98% of asking price). In order to avoid a lawsuit, and because we had a new contract on our own home, we extended an addendum to the original for 495,000 (full asking price) with no contingencies, since our home was already sold and our financing was already approved. At the signing deadline for that addendum, he said he was no longer sure if he wanted to sell at all. So, here we are with a contract on our home and a contract for 485,000 still in force on that one, although he has missed the Seller Disclosure Deadline.

OK, so as you already know, the deal reverts back to the originial contract of $485,000 and the seller has no choice but to sell to you -as per information provided here. Surely, the seller knows this too and may be simply trying to see if you'll let him out without a fight, or perhaps 'beg' to buy the house by offering more and more. Stand your ground and proceed toward closing as if nothing is wrong. Don't even discuss with him his not wanting to sell the house. The contract should do all the talking that is necessary.

As for the Seller Disclosure deadline not being met. I'm sure you know that only gives you an opening to void the contract if you want to; it does not give the seller the option. Looks like you're in for a fight. Is there a realtor involved? If so, make them do their job! If they won't, then call the Real Estate Board and make a formal complaint. You'll get action then.

[jdbdlb]

There is a realtor involoved, in a LImited Agent Agreement (she represents both parties), which was the only way we could get into the house at all, and we met with her and her broker, but they say there is little else they can do (I assume since it's an LAA). They say their job is market and sell the house and make sure all paperwork is in order, but they can't enforce it. So, does the REaltor Board have enforcing powers, or shold we go straight to a real estate attorney? This week we'll proceed with inspections and appraisals as planned.

[BradleyS]

If you are going to force the sale**************you will need a good real estate attorney.

If you are going to report the REALTOR and the Brokerage to the Local Board of REALTORS for Ethic's violations, you need this:

[url]http://www.realtor.org/mempolweb.nsf/pages/printable2005Code[/url]

This link will let you download the National Association of Realtors Code of Ethics --- Base your complaint to the Board office on this.

Remember, Local Board of REALTORS are not capable of terminating a real estate license. They can fine and enforce mandatory education and very remotely will they terminate the REALTOR status of the real estate agent.

Your State's Real Estate Commission has the powers to terminate a license.

I would advise that you make a written complaint to both if you believe your REALTOR and/or Real Estate Agent was unfair.