Seller Backing Out unless more money-have contract.

[steveasu]

What is the name of your state? Alabama

Here is my situation in a "nut shell":
1) Have a signed formal contract (including independant witness signature).
2) 12 hours before closing seller (formerly a developer-now failed) demanded more money or will not sell (trying to "extort" money).
3) Seller does not show for closing.
4) Rescheduled closing and seller informs closing attorney that closing will not happen.
5) Purchase Contract end date is January 31st, 2005.
6) Buyer (me) wish to force perfomance of the contract.
7) Purchase Contract has a Mediation and Arbitration Contract.
8) Buyer is unlikely to show any type of legal action unless forced by law and threat of jail.
9) Value of the property is only 8,000 and is an undeveloped lot ajoining my house.
10) I have invested about $2,000 over the past 6 months in surveys and mortgage processing fees for plat plan and to have vacant lot added to my house lot (to meet city approval requirements).

Now my delemma. I am young and have not yet established much wealth. All of my saved money was used to pay to prepare to buy this land and to pay for it. It was to give my child a place to play as our garden home has almost no back yard. Small-claims court in Alabama (as you know) has the very low limit in the county of Shelby of only $3,000. The selling price of this land is $8,000. Therefore I believe that I cannot take the seller to small-claims court. I cannot afford expensive attorney fees or an ap. $5,000 up-front payment. I appear to be in a legal no-mans land without recourse. I do however, have my intelligence and tenacity as a resource. Therefore I ask for some legal expert to take pitty on me and inform me if there is a way that I can force performance of this contract by a lesser costly means or through some sort of self representation.

I am willing to pay for an attorney, if one will work with me allowing me to do much of the foot work and paying for thier expert edvise on an as needed basis paid up-front for thier time.

Any help is greatly appreciated.

With Best Regards,
Steven Bietz
Home: 205-507-3782
Cell: 205-586-8607
email: steveasu@aol.com
work email: steven.bietz@mbusi.daimlerchrysler.com

[BelizeBreeze]

posting your personal information online is a very dangerous thing to do. I would stronly suggest you edit your post. We have a few very qualifed people here who will help you soon.

Steven, forget the contract. Go find another piece of land.

Lawsuits to force specific performance can take years and tons of money.

[HomeGuru]

Originally Posted by steveasu

What is the name of your state? Alabama

Here is my situation in a "nut shell":
1) Have a signed formal contract (including independant witness signature).
2) 12 hours before closing seller (formerly a developer-now failed) demanded more money or will not sell (trying to "extort" money).
3) Seller does not show for closing.
4) Rescheduled closing and seller informs closing attorney that closing will not happen.
5) Purchase Contract end date is January 31st, 2005.
6) Buyer (me) wish to force perfomance of the contract.
7) Purchase Contract has a Mediation and Arbitration Contract.
8) Buyer is unlikely to show any type of legal action unless forced by law and threat of jail.
9) Value of the property is only 8,000 and is an undeveloped lot ajoining my house.
10) I have invested about $2,000 over the past 6 months in surveys and mortgage processing fees for plat plan and to have vacant lot added to my house lot (to meet city approval requirements).

Now my delemma. I am young and have not yet established much wealth. All of my saved money was used to pay to prepare to buy this land and to pay for it. It was to give my child a place to play as our garden home has almost no back yard. Small-claims court in Alabama (as you know) has the very low limit in the county of Shelby of only $3,000. The selling price of this land is $8,000. Therefore I believe that I cannot take the seller to small-claims court. I cannot afford expensive attorney fees or an ap. $5,000 up-front payment. I appear to be in a legal no-mans land without recourse. I do however, have my intelligence and tenacity as a resource. Therefore I ask for some legal expert to take pitty on me and inform me if there is a way that I can force performance of this contract by a lesser costly means or through some sort of self representation.

I am willing to pay for an attorney, if one will work with me allowing me to do much of the foot work and paying for thier expert edvise on an as needed basis paid up-front for thier time.

Any help is greatly appreciated.

With Best Regards,
Steven Bietz
Home: 205-507-3782
Cell: 205-586-8607
email: [email]steveasu@aol.com[/email]
work email: [email]steven.bietz@mbusi.daimlerchrysler.com[/email]

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