Title Not Clear, Can we back out & recoup our $

We have a contract on a home in Georgia. We just found out that the Title is not clear due to a lien against the home not of the current owner, but the people they purchased it from. Supposedly this lien was satisfied at their closing, but the attorney did not file it with the court. The attorney for our closing has verified this, however, he can't seem to get the information he needs to clear this. If it can't be cleared within a week can we back out of the deal and also, is the seller liable to reimburse us the cost of the inspection and appraisal fee, which we have already paid. Also, we are closing on our current home in two days and now have nowhere to move all our furniture, since my husband is in a studio apt. in Georgia while I'm in our home in Alabama. The movers are scheduled to move us out the end of the week and we will have to put everything into storage. Are the Sellers obligated to reimburse us for this? Please help. Any information would be greatly appreciated. Thank you.

[HomeGuru]

Read your contract. There is a clause that pertains to if Seller is not able to deliver clear title, Buyer has option to terminate the transaction.

Thank you for your response. My husband did read the contract & it does state that we must be supplied with a clear title at closing and if it isn't the contract is void and we will get back our earnest money. However, we have also spent about $500.00 for an appraisal and a home inspection and application fee for mortage loan. Plus whatever we have to pay for storage of our possessions. Do we have any legal right to expect the seller to reimburse any of these expenses to us? Thank you, again.

[HomeGuru]

No.