Seller now doesn't want to sell

What is the name of your state? Pennsylvania

In reading the other posts I believe the answer to my question will be to seek the advice of a real estate lawyer, but I wanted to see if anyone had an opinion about whether we have a strong case or not.

On 6-12-02 we (the buyers) signed a "standard agreement for the sale of real estate" (A/S-2K) for the purchase of a home with a closing date of 8-29-2002. We had the house inspected and there was work that needed to be done to the property but none of which voided the contract. We, after much verbal negotiation which pushed us past the original closing date of 8-29, attempted to have the seller sign an addendum stating the monetary changes and adjusting the closing date to 9-26. The seller balked and stated he needed at least 60 days to move out. We, in hopes of getting in the house sooner, tried to split the difference and set a date at somewhere closer to 45 days. The seller being very difficult to get in touch with and dragging his feet through the whole process tells us he will think about it and get back to us since he had some family issues and health problems that would hinder him from moving any sooner. Since we had a flexible lease and we felt sympathetic to his condition and problems, we let this drag on until last Friday (11-8) where he now states through his agent that he now does not want to sell. Keep in mind nothing has been signed by the seller since the original sales agreement and it is now almost 5 months later.

This house is very unique and is also in an area that is very advantageous to the operation of our home based business. We have looked and looked and can find nothing even close within the area and our price range. I understand that without seeing the agreement it is hard to form an opinion, but does anyone have an opinion on our chances of holding him to the agreement and making him sell the house?

And … if we can sue to make him sell the house, what are our chances of enforcing the verbal agreement we had, through his agent, addressing the monetary settlement we had before the closing date was an issue. We have an appointment with a real estate lawyer this week, but we are just looking for advice before we see him.

[annefan]

Originally posted by T in PA
What is the name of your state? Pennsylvania

I understand that without seeing the agreement it is hard to form an opinion, but does anyone have an opinion on our chances of holding him to the agreement and making him sell the house?

And … if we can sue to make him sell the house, what are our chances of enforcing the verbal agreement we had, through his agent, addressing the monetary settlement we had before the closing date was an issue. We have an appointment with a real estate lawyer this week, but we are just looking for advice before we see him.

Your verbal agreement will be difficult to hold up in court. In real estate, it cannot be stressed enough that ALL negotiations regarding a sale agreement be put IN WRITING. Because of the stall tactics and YOUR real estate agent's failure to negotiate this contract in writing, I don't see a strong case of successfully forcing the seller to sell. I have encountered more procedural boo-boos performed on the part of realtors lately that I'm beginning to wonder if there's something in the water here in Pennsylvania.

[HomeGuru]

[quote]Originally posted by T in PA
[b]What is the name of your state? Pennsylvania

In reading the other posts I believe the answer to my question will be to seek the advice of a real estate lawyer, but I wanted to see if anyone had an opinion about whether we have a strong case or not.

On 6-12-02 we (the buyers) signed a "standard agreement for the sale of real estate" (A/S-2K) for the purchase of a home with a closing date of 8-29-2002. We had the house inspected and there was work that needed to be done to the property but none of which voided the contract. We, after much verbal negotiation which pushed us past the original closing date of 8-29, attempted to have the seller sign an addendum stating the monetary changes and adjusting the closing date to 9-26. The seller balked and stated he needed at least 60 days to move out. We, in hopes of getting in the house sooner, tried to split the difference and set a date at somewhere closer to 45 days. The seller being very difficult to get in touch with and dragging his feet through the whole process tells us he will think about it and get back to us since he had some family issues and health problems that would hinder him from moving any sooner. Since we had a flexible lease and we felt sympathetic to his condition and problems, we let this drag on until last Friday (11-8) where he now states through his agent that he now does not want to sell. Keep in mind nothing has been signed by the seller since the original sales agreement and it is now almost 5 months later.

This house is very unique and is also in an area that is very advantageous to the operation of our home based business. We have looked and looked and can find nothing even close within the area and our price range. I understand that without seeing the agreement it is hard to form an opinion, but does anyone have an opinion on our chances of holding him to the agreement and making him sell the house?

And … if we can sue to make him sell the house, what are our chances of enforcing the verbal agreement we had, through his agent, addressing the monetary settlement we had before the closing date was an issue. We have an appointment with a real estate lawyer this week, but we are just looking for advice before we see him.

**A: you have no case. You made a counter offer consisting of monetary changes and an extended closing date of which conditions the Seller did not accept.
If you really want the property, make a new offer with $5K more on the purchase price.

annfan,

As I stated, the original agreement IS signed and I thought should still be a binding contract. I realize the verbal agreement would be very hard to enforce. Why do his stall tactics adversely effect our case to make him sell?

HomeGuru,

I'm puzzled as to why you said we have no case. Why is the first contract voided if we have only had verbal negotiations with nothing signed beyond that first contract? Why would suing him to enforce that contract not be an option?
We are willing to renegotiate to some extent and will possibly offer more money, but are you saying we have no recourse if he now truly does not want to sell?

[annefan]

Your original agreement may be signed, but the negotiations you entered into apparently were not. As for your question, HomeGuru already answered that.

(T in PA) Why do his stall tactics adversely effect our case to make him sell?

(HomeGuru) You made a counter offer consisting of monetary changes and an extended closing date of which conditions the Seller did not accept.

[HomeGuru]

HomeGuru,

I'm puzzled as to why you said we have no case. Why is the first contract voided if we have only had verbal negotiations with nothing signed beyond that first contract?

**A: because you defaulted on the contract by not closing on 8/29/02. Therefore the contract is null and void unless you can prove to me that after several months past the contracted closing date that somehow the contract is still in effect.
*************
Why would suing him to enforce that contract not be an option?

**A: because you have no contract to enforce.
*************


We are willing to renegotiate to some extent and will possibly offer more money,

**A: now that's an idea.
***********
but are you saying we have no recourse if he now truly does not want to sell?

**A: yes, becasue at this point all bets are off and the property returned to the status quo similar to before your offer was accepted.
All verbal agreements are nothing because under the Statutes of Frauds real estate contracts must be in writing to be enforceable.

Partial update ...

We spoke with a real estate lawyer and he feels we have no problem enforcing the contract and forcing the seller to sell. As we see it, the seller is in default as we have fulfilled all of our obligations within the contract and were prepared to close on the stated closing date.

A formal letter has been sent to the seller and I will update as the situation (possible case) progresses.

T in PA

P.S. we did offer more money and so far have only heard that the seller still feels that "at this time it would just be too inconvenient to move". ... Nice reason after putting us through months of crap.

[annefan]

More power to ya.

[HomeGuru]

[quote]Originally posted by T in PA
[b]Partial update ...

We spoke with a real estate lawyer and he feels we have no problem enforcing the contract and forcing the seller to sell. As we see it, the seller is in default as we have fulfilled all of our obligations within the contract and were prepared to close on the stated closing date.

**A: that's nice, but things are not exactly that easy to resolve.
did you actually complete everything from your end to close the transaction ie. signing of the closing documents, signing your loan committment and locking the loan etc.
*****************
A formal letter has been sent to the seller and I will update as the situation (possible case) progresses.

T in PA

P.S. we did offer more money and so far have only heard that the seller still feels that "at this time it would just be too inconvenient to move". ... Nice reason after putting us through months of crap.

**A: I understand your postion but do not agree with your attorney that this is a slam dunk case. Please keep us posted.

Update,

Had a meeting with the buyer today due to the very strong letter sent by our attorney and finally got him to sign the addendum to the sales agreement stating a closing date of 1-31-03. It's not the date we were looking for six months ago but we are happy that we can now at least look forward to a closing.

Thanks for your help, we are hoping the road will be downhill from here.

T in PA

[HomeGuru]

OK, now you got yourself a contract.

[BrokerRE]

You were lucky that the attorney letter scared the seller into acting.

I agree with HomeGuru completely. If you would have stuck strictly with the original contract you would have had no problem, but once you try to renegotiate anything, and I mean anything, it completely and totally gives the seller the opportunity to back out.