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#1
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Seller trying to terminate contractSeattle, Washington My husband and I made an offer on a home. The offer was accepted, we gave our earnest money and the closing date was set for May 31st. Learning about the purchase, the neighbors, knowing that this would be their last chance to dispute the property line decided to file a lawsuit agaisnt them. The owners of the property had a survey done in 1997 and build a fence on that survey line. The neighbors also had a survey done, showing that the other survey was off by 1.80f. We wanted to buy the home so we spoke with both and came to an agreement that we would move the fence once the purchase was complete. The neighbors agreed to drop the lawsuit . The owners of the property, decided in the last minute, that because we were not able to get the lawsuit dropped fast enough, they want to rescind the contract. Later I found out that they are using the lawsuit as an excuse to terminate the contract with us so they can turn around and not go forward with their own purchase( which was contingent on selling their place). The real estate agent told us that they were not interested in that property anymore. Do we have any legal recourse? How can we make them follow through with the sale? I appreciate any information on this matter. Thank you!!! |
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#2
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| The 'generic' answer to your question is that the seller cannot rescind or revoke the contract unless based on some contingency noted in the agreement or statute. Though it would have been possible to delay the closing pending resolution of the lawsuit, the fact that it is being (or has been) dropped would eliminate that delay. I would suggest that you talk with the reator(s) and advise them that you intend to proceed with the sales contract or that you will consider taking legal action against them to obtain 'specific performance'. And this legal action would include a 'lis penden' (to freeze the title until your case could be heard). Then, if they still refuse, your only recourse would be talk with a local attorney.
__________________ 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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