seller changes his mind all the time

What is the name of your state? FL

- closing should have happened on jan/15/2003 (contract has this date).
- closing could not happen on this date because title company could not get seller's payoffs (from seller's lender).
- on jan/16/2003, buyer, buyer's agent and seller's agent went to the title company for the closing but seller had informed he wanted to cancel the deal because closing should have been the day bedore (jan/15/2003). seller never showed up.
- buyer hired an attorney to try to force seller to close, seller decided to close, but then gave up again. seller had already requested the deposit buyer had given to the broker company ($11,250.00), and buyer also requested for the money. Broker company considered this a dispute and broker company will settle an arbitration through (AAA).

The bottom line is that now the seller decided to sell the house
because his lawyer told him he was going to lose and he would have to pay broker's comission, plus. Buyer had to move from his apt. and now is living in another apt., buyer has already spent $2,000.00 with attorneys fees and contract allows broker company to use buyer's deposit to pay for the arbitration.
If buyer does not want to buy, the $11,000.00 from the deposit will be gone, because the contract does not conver legal fees and broker's company will use the money to pay for the arbitration.
What should buyer do? Buy the house or go to the arbitration.
Seller will not pay for anything buyer has spent, will spend (i.e., apt. lease break, legal fees, etc...) if buyer decides to buy.
Is there a way for buyer to get his deposit back from Broker if
they decide not to have their comission.

[FarmerJ]

Talk with your attorney about this

[JETX]

The contract works both ways.... and at this point, you are in the middle.
You can force the seller to comply with his end of the agreement.... but that will take time and money. I would assume that you have a better than even chance of winning in court and then would recover your expenses. That is why the seller has 'reconsidered'.

However, if you now breach, the seller can force you to comply**************

As I see it, your options are:
1) Demand compensation for your 'damages' (legal fees, etc) and proceed with the purchase of the property. If you do this, I would suggest you getting ONE more inspection to assure condition of property. Also, my opinion is that you wouldn't recover costs of breach of your new lease, since you didn't have to enter the lease and could have found a month-to-month.
or
2) Negotiate a settlement for both parties to 'walk away' from the agreement. Again, my opinion is that you should be 'made whole' (get full deposit back, etc.).
or
3) Proceed to court and, hopefully, force the sale, recover your legal fees, etc.

(Personal note: I did the third on one of my purchases. It took about 18 months, but about a month before trial, the seller agreed to pay my legal costs, reduced contracted price and paid 'compensation'.)

[HomeGuru]

I agree with the above 2 contributors.