When A Seller Backs Out?

[britthood08]

What is the name of your state? Maine

I am in the process of buying a home with a barn. Have everything done ready to go and the title comes back letting us know the barn is over the property line by 1 and 3/4 inches. the seller is refusing to do anything about it, will not move it, and has said she is backing out. Can she do that? We have already made a deposit of $500, an inspection for $500, an appraisal for $400. She says she does not have to give back any of this money other than the deposit. The thing is I WANT the house can she do this?? She is the one who misrepresented the property, why was this not know before I went through this enttire process?? DESPERATE FOR ADVICE!

[HuAi]

They can back out, you can't force someone to sign a sales contract. You can then turn around and sue them for your expenses. If you find that the price of the house has gone up since you contracted, you can also sue for the difference.

[CharlotteInvest]

I think its ridiculous for you to ask the seller to move a barn 1 and 3/4 inches. I mean if it were a foot off i would understand. Depending on how long the barn has been there you might have a natural easement or the owner might be able to claim that portion of the land through adverse possession.

As far as getting your money back you have to read the contract and see what it says about the survey of the property, and what you are entitled too if either party defaults on the agreement. Usually in the contract you have a certain amount of time to request the survey if that time has passed then the seller doesn't have to give you a dime.

[CharlotteInvest]

Originally Posted by HuAi

They can back out, you can't force someone to sign a sales contract. You can then turn around and sue them for your expenses. If you find that the price of the house has gone up since you contracted, you can also sue for the difference.

you have to kind of think a contract is already signed. People don't usually give deposits without a contract being executed.

Plus the seller can back out of the deal because you are trying to renegotitate the terms of the contract.

[aabien]

Originally Posted by HuAi

They can back out, you can't force someone to sign a sales contract. You can then turn around and sue them for your expenses. If you find that the price of the house has gone up since you contracted, you can also sue for the difference.

Why you want to sue? easy way out is asking your realtor to help you to solve the problem since it's not mention on disclosure papers,

I can not understand why people always try to sue people, waste of time and money,

Bill