M
Michael Angelo
Guest
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
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