Seller defaulting on sale after signing

[Michael Angelo]

What is the name of your state? Florida

What is the name of your state? Florida.

Ill get right to the point: The seller has decided she isnt moving after all, but she already signed a contract. We have financing, and inspections all lined up. She has no out. The contract says that if she defaults, she has to refund deposit, and we retain the right to sue for damages. But we want the house, and we intend to hold her to the contract. I wont be seeing a lawyer for several days, and my mind is racked with all the possibilities. I understand that a suit to force specific performance, and a lis pendens need to be filed. Can I file these myself, or must a lawyer do it? Furthermore, if I do incur legal costs, will the seller be responsible to cover them if I prevail? (And I assume I will because I see no out for the seller) The other part of that question is, if I am awarded attorney costs and/or other damages, will I be able to deduct those from the money Im paying the seller for the house, or do I have to go after the seller separately to recover costs and damages? Thanks in advance for considering this matter for me, it is greatly appreciated.
Michael

 

[HomeGuru]

What is the name of your state? Florida

What is the name of your state? Florida.

Ill get right to the point: The seller has decided she isnt moving after all, but she already signed a contract. We have financing, and inspections all lined up. She has no out. The contract says that if she defaults, she has to refund deposit, and we retain the right to sue for damages. But we want the house, and we intend to hold her to the contract. I wont be seeing a lawyer for several days, and my mind is racked with all the possibilities. I understand that a suit to force specific performance, and a lis pendens need to be filed. Can I file these myself, or must a lawyer do it?

**A: a lawyer must do it if you want it done properly.
*******

Furthermore, if I do incur legal costs, will the seller be responsible to cover them if I prevail? (And I assume I will because I see no out for the seller)

**A: it would be up to the judge.
**************

The other part of that question is, if I am awarded attorney costs and/or other damages, will I be able to deduct those from the money Im paying the seller for the house, or do I have to go after the seller separately to recover costs and damages? Thanks in advance for considering this matter for me, it is greatly appreciated.
Michael

**A: see above.

 

[Michael Angelo]

Thank you very, very much. My stomach has been turning and I am just sick over the situation. The house is perfect, and it took a lot of research and footwork to find exactly what I had been looking for. The brokerage firm is acting as a transition broker, but the agent was originally the seller's. He is actually a neighbor of the sellers. He is not very aggressive about my obvious eagerness to fullfill the contractl. Hes pretty much giving up on the sale (when I asked him whether he would sue her the seller) if she defaulted, he acts like he doesnt care), and he tries real hard to discourage me from, in his words, "being a bad guy and taking her (the seller) to court." He is bound to be equally loyal to both of us, but to me he seems to be more concerned with getting me to drop the matter and just release the seller from the contract, than he is in me fulfilling the contract as I have told him over and over that I intend to do. Is it too late to bring in my own agent? And also, if the judge rules in my favor, and awards damages, what does he consider when deciding whether I deduct the judgement from the contracted purchase price of the house or if I need to collect some other, more complicated way?
Again, thanks for looking into these issues for me, I tried to write as clearly and concisely as I could, thanks,
Michael

 

[HomeGuru]

Thank you very, very much. My stomach has been turning and I am just sick over the situation. The house is perfect, and it took a lot of research and footwork to find exactly what I had been looking for. The brokerage firm is acting as a transition broker, but the agent was originally the seller's. He is actually a neighbor of the sellers. He is not very aggressive about my obvious eagerness to fullfill the contractl. Hes pretty much giving up on the sale (when I asked him whether he would sue her the seller) if she defaulted, he acts like he doesnt care), and he tries real hard to discourage me from, in his words, "being a bad guy and taking her (the seller) to court." He is bound to be equally loyal to both of us, but to me he seems to be more concerned with getting me to drop the matter and just release the seller from the contract, than he is in me fulfilling the contract as I have told him over and over that I intend to do. Is it too late to bring in my own agent?

**A: you do not understand the agency relationship here. I suggest you review your contract. The broker does not represent you period.
*************

And also, if the judge rules in my favor, and awards damages, what does he consider when deciding whether I deduct the judgement from the contracted purchase price of the house or if I need to collect some other, more complicated way?
Again, thanks for looking into these issues for me, I tried to write as clearly and concisely as I could, thanks,
Michael

**A: you need to consult with an attorney since we cannot review your case and documentation. And even if we did, could not predict what a judge may or may not allow in any given case such as yours.