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breech of contract

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i am in the process of buying a home. the seller is going through a divorce and listed the house without her husbands signature. we did not know this and put an offer in and it was accepted. we signed the contract and were told we would go to settlement on 9/29/00. we then were told that settlement would be postponed because the husand wants to buy the house. the judge gave him the oppurtunity to do this and he was supposed to come up with a mortgage payment by 10/02 and he didn't. now my agent is telling us that we might go to settlement on 10/16 depending on what happens when the wife goes back to court on 10/12 for an emergency hearing. we put down a $2000 deposit on the house, spent $420 to have the soil tested because of an underground oil tank, and spent $175 on a home inspection. if we can't go to settlement on the 16th are we able to receive all of the money back that we spent? is there anything we can do to force the sale of the house?
 


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
i am in the process of buying a home. the seller is going through a divorce and listed the house without her husbands signature. we did not know this and put an offer in and it was accepted. we signed the contract and were told we would go to settlement on 9/29/00. we then were told that settlement would be postponed because the husand wants to buy the house. the judge gave him the oppurtunity to do this and he was supposed to come up with a mortgage payment by 10/02 and he didn't. now my agent is telling us that we might go to settlement on 10/16 depending on what happens when the wife goes back to court on 10/12 for an emergency hearing. we put down a $2000 deposit on the house, spent $420 to have the soil tested because of an underground oil tank, and spent $175 on a home inspection. if we can't go to settlement on the 16th are we able to receive all of the money back that we spent? is there anything we can do to force the sale of the house? <HR></BLOCKQUOTE>

 
T

Tracey

Guest
You SO need a good real estate attorney. This is a huge mess & we can't straignten it out over the web. We'd need to know your state, read the sales contract, etc.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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