seller wants more money

What is the name of your state?What is the name of your state? NY

i was a granted a motion to close with seller in a couple of weeks. i am not counting on seller to show up at closing since he wants to sell to another buyer for more money. i have a fully executed contract and my deposit is in escrow. i've been waiting to close since january and i want this house.
if seller does not show up for closing what scenarios could i be expecting especially since he has been ordered to close this deal ?

[HomeGuru]

Originally Posted by depressed1

What is the name of your state?What is the name of your state? NY

i was a granted a motion to close with seller in a couple of weeks. i am not counting on seller to show up at closing since he wants to sell to another buyer for more money. i have a fully executed contract and my deposit is in escrow. i've been waiting to close since january and i want this house.
if seller does not show up for closing what scenarios could i be expecting especially since he has been ordered to close this deal ?

**A: and who ordered him to close and what type of lawsuit did you have?

thanks for your reply...supreme court justice ordered the closing and the lawsuit is order to show cause/cross motion for summary judgement. sorry i am not well versed in this kind of thing and i do have a lawyer...just looking for more advice. thanks.

[HomeGuru]

Originally Posted by depressed1

thanks for your reply...supreme court justice ordered the closing and the lawsuit is order to show cause/cross motion for summary judgement. sorry i am not well versed in this kind of thing and i do have a lawyer...just looking for more advice. thanks.

**A: what is the basis for the lawsuit ie. what is the lawsuit about? And how long has the case being going on? Tell more.

i went into contract on a house in october 2003. contract stipulates certain repairs needed and seller must acquire a permanent co. in january 2004 seller refuses to do repairs but after much prodding and nagging seller agrees and repairs are done. at this point seller only has temporary co. my bank will not close unless there's a permanent co. after more nagging bank decides they will close with tco if seller puts up $$ in escrow until permanent co comes through. seller refuses even when i offer to put up $. now it's now march and seller is uncooperative....i sue him...come to find out that the previous buyer before me had same issue and was paying a lower price than me. seems like this is the seller's MO. i am sueing seller to close on this house which he has been ordered to do by the judge. seller has conveyed that he will appeal and will not be showing up to closing next week. what am i in for next ?

[JETX]

If the seller fails to comply with the court order, your next step is to file a motion for contempt with the original court. They will then set a hearing and if they don't like his excuse, could issue a contempt (arrest) warrant against him.

[HomeGuru]

I agree with JETX. I can't figure on what grounds the Seller is going to appeal. He seems like an idiot sob.

thanks for your replies jetx and home guru.

i can't figure out what grounds seller has to appeal either but i am nervous that he just might get lucky here.

anyway thanks again and i'll let you know what happens next week. i may need more advice....

[HomeGuru]

Ok, and don't give up the fight.

well i just heard today that the idiot sob (seller) was granted a reconsideration to appear before same judge the day before my closing date.

what will this mean for me ?

[HomeGuru]

Originally Posted by depressed1

well i just heard today that the idiot sob (seller) was granted a reconsideration to appear before same judge the day before my closing date.

what will this mean for me ?

**A: probably means that you're still a depressed1.