Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-06-2002, 05:35 PM
tangy
Guest
 
Posts: n/a
Unhappy

Seller trying to terminate contract


Seattle, 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!!!
  #2  
Old 05-06-2002, 06:15 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,527
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!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:22 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.