seller wants to back out

[omprakash]

I am in New Jersey. I am out of attorney review and all contingencies. The closing is schedule after two weeks and we got call from seller that they want to back out. They are changing their reasons to back out everytime I call. First they said they are not finding another house. I called their realtor and found out that she has found house on rent, what range they were looking for. Now they are saying that husband and wife had fight and wife does not want to sell. The property is in husband's name. My lawyer has advised that I am totally safe and we can ask for specific performance and damages if seller does not turn up on closing. My concern is that if I go in court, how long will it take to get the house? I could wait for another six months, but not beyond that. Also, what kind of damages I can claim in addition to actual expenses I incurr? Also, is there anything in law which favors seller to not perform, if they play some tricks of making it look impossible to perform? I would really appreciate your opinion.

[BradleyS]

RE Broker in Kansas:

Is the house worth the attorney fees for taking the sellers to court?

A jury trial could possibly cost $10-20K just in attorney fees + you missing work....

Is the house worth that much? Or could you possibly find another house?

Additionally, if the sdeller doesn't want to sell......and you force them.....are you willing to go to court again if the sellers become disgruntal and vandalize the property.

I would suggest to my buyers:

If you want the house, see an attorney. But I recommend that we go find another house and avoid litigation.

[omprakash]

Thanks for your reply. The house, my realtor, is worth fighting for. As we entered into deal in January for $360K, today the real estate prices have gone up and seller can easily fetch $380 or so. That could be the reason they want to back out. If I have to pay for attorney, I think I will get it reimbursed, but the main concern is of time. How much time would it take to settle the case...what are the options seller has once the judgement is in my favor? Could they go in appeal,and try to delay the whole process and how long the can delay?

thanks,

[BradleyS]

RE Broker in Kansas:

Who will reimburse you for your attorney fees? Does the RE Contract have a "Court Cost or Attorney Fee" clause?

If it doesn't, I would advise you to talk to a REAL ESTATE ATTORNEY. Find an experienced attorney that has an excellent winning record in LITIGATION IN FRONT OF JURYS.

If you go to court expect the defense attorney to advise the defendants to have a JURY trial. This way, the attorney with the better convincing story. no matter what the actual truth may be, will win.

I say this because I recently lost a case myself.....$34K in expenses......and I have everything in black and white that abides by KS's statutes on Real Estate Contracts**************The other attorney, told a more convincing "story", which contradicted every written documents that were provided as evidence, and I LOST.

My attorney's performance in front of the Jury was awful. And he is a well respected lawyer in this industry who passed the BAR in 1956.

So if your going to seek counsel, please check around and get references as well as trial statistics from each attorney. Call the references, and ask alot of questions**************I WISH I DID. DON'T MAKE THE SAME MISTAKE.....

Please keep us/me informed of the progress.

[SKWalker]

I'm not sure about Kansas, but in California a case for specific performance takes approximately one year.