Suing for Specific Performance

[Mike A]

What is the name of your state (only U.S. law)? Michigan

My wife and I recently signed a purchase agreement to buy 5 acres and a mobile home adjacent to our property. Likewise, the sellers signed the purchase agreement. They then backed out and said they would not be there at the title company to sign the title over to us, and they were true to their word. This was roughly 17 days ago and we have contacted a lawyer. This lawyer has done some homework and has determined that the seller ( I will call him Joe) and the other lady (Kathi) are father and daughter. They had different last names, but these days you never know. We all assumed it was a husband and wife. The quitclaim deed that was drawn up in 2001 says Joe Smith -a married man quit claims this property to Joe Smith and Kathi Johnson (just made up the names for this forum). The lawyer has determined that the seller's wife is alive and in the same household, and has determined that we don't have a case, because his wife would have "dower" interest in the property and that they cannot sell it without her signing it.

Here is my question: Wouldn't the quit claim deed be proof that his wife no longer has interest in it? The first line remember, says Joe Smith - a married man & the second omits that. Do I have a leg to stand on? What other choice do we have to get this property. All we want is for him and Kathi to sign it over to us. I have a sneaking suspicion that they were contacted by a telecommunications company wanting to put a tower on the property. Only reason I say this is that a few years ago, we were contacted by a lady, but never heard from her again, but were verbally offered 800 per month lease. After research, I found that she lives in the same town as them. Now I can just imagine that they will sell the property to her or she will pay them a monthly lease. Just speculation, but if so, it sounds pretty crooked to me!

Again, the lawyer does not want us or him to get sued for not researching things enough, so he feels that we can't do anything. I am not ready to give up the property that easy (or the possibly of getting a monthly lease from a cell tower). Any ideas? Thanks. FYI, he did file lis pendens at the register of deeds, but that only last so long.

Mike

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

My wife and I recently signed a purchase agreement to buy 5 acres and a mobile home adjacent to our property. Likewise, the sellers signed the purchase agreement. They then backed out and said they would not be there at the title company to sign the title over to us, and they were true to their word. This was roughly 17 days ago and we have contacted a lawyer. This lawyer has done some homework and has determined that the seller ( I will call him Joe) and the other lady (Kathi) are father and daughter. They had different last names, but these days you never know. We all assumed it was a husband and wife. The quitclaim deed that was drawn up in 2001 says Joe Smith -a married man quit claims this property to Joe Smith and Kathi Johnson (just made up the names for this forum). The lawyer has determined that the seller's wife is alive and in the same household, and has determined that we don't have a case, because his wife would have "dower" interest in the property and that they cannot sell it without her signing it.

Here is my question: Wouldn't the quit claim deed be proof that his wife no longer has interest in it? The first line remember, says Joe Smith - a married man & the second omits that. Do I have a leg to stand on? What other choice do we have to get this property. All we want is for him and Kathi to sign it over to us. I have a sneaking suspicion that they were contacted by a telecommunications company wanting to put a tower on the property. Only reason I say this is that a few years ago, we were contacted by a lady, but never heard from her again, but were verbally offered 800 per month lease. After research, I found that she lives in the same town as them. Now I can just imagine that they will sell the property to her or she will pay them a monthly lease. Just speculation, but if so, it sounds pretty crooked to me!

Again, the lawyer does not want us or him to get sued for not researching things enough, so he feels that we can't do anything. I am not ready to give up the property that easy (or the possibly of getting a monthly lease from a cell tower). Any ideas? Thanks. FYI, he did file lis pendens at the register of deeds, but that only last so long.

Mike

Why don't you believe what your lawyer has told you?

 

[adjusterjack]

I am not ready to give up the property that easy (or the possibly of getting a monthly lease from a cell tower).

You might not have a choice.

Courts are loathe to compel people to sell their property when they don't want to and generally will award monetary compensation for actual damages sustained by the breach.

I think your attorney is right that you don't have a case for specific performance and the best you can do is file suit for any expenses you might have incurred in pursuing this property, and that does not include the potential loss of income from a utility company.

 

[Mike A]

Why don't you believe what your lawyer has told you?

That is a good question. My attorney apologized for missing this piece of information and at one point suggested that I look for a different attorney who may find a different angle that he missed. Everyone makes mistakes, so that I why I figured it might be worth asking on here (before I seeked other legal counsel) to find out if I have a leg to stand on.

One other thing... I have never dealt with legal counsel before, but have been taught that all lawyers are liars and crooks. Yes, I started out a bit biased with all of this and really just don't know what to believe anymore. Sorry for being honest, but perhaps I can change my mind after a while. Thank you.

 

[Mike A]

You might not have a choice.

Courts are loathe to compel people to sell their property when they don't want to and generally will award monetary compensation for actual damages sustained by the breach.

I think your attorney is right that you don't have a case for specific performance and the best you can do is file suit for any expenses you might have incurred in pursuing this property, and that does not include the potential loss of income from a utility company.

Makes me wonder if a jury trial might be beneficial vs strictly a judge. In other words, perhaps the jury would be more sympathetic and not look strictly at a little blunder on the deed. Everyone in the sellers family intended for the property to be sold and they should have to follow through with the sale. This is all new territory for me and I know that common sense does not usually prevail in the courts, but it should.

 

[FlyingRon]

The quit claim deed you mention is completely worthless. You can only deed away interest YOU own. The quit claim from the father alone can not get rid of his wife's interest in the property.

A jury trial isn't going to help. If the people YOU have a contract to can't legally convey the property, no jury or judge can compel them to do so. Any plaintiff lawyer
would certainly educate the jury as to the reasons why a specific performance isn't appropriate in such a situation. You have no reliance and position that compels that specific performance would make it the only remedy.

Work up what your actual damages are and sue for that.

 

[Mike A]

The quit claim deed you mention is completely worthless. You can only deed away interest YOU own. The quit claim from the father alone can not get rid of his wife's interest in the property.

A jury trial isn't going to help. If the people YOU have a contract to can't legally convey the property, no jury or judge can compel them to do so. Any plaintiff lawyer
would certainly educate the jury as to the reasons why a specific performance isn't appropriate in such a situation. You have no reliance and position that compels that specific performance would make it the only remedy.

Work up what your actual damages are and sue for that.

Please excuse my ignorance, but what could happen if I went ahead with the lawsuit for specific performance & the sellers never caught on that the deed had an error? In other words, they live several miles away and might have second thoughts about paying for legal cost and driving up here for court and then sign off. Of course, they could also find the mistake & then I don't know what would happen. Thanks all for your help.

 

[adjusterjack]

Please excuse my ignorance, but what could happen if I went ahead with the lawsuit for specific performance & the sellers never caught on that the deed had an error? In other words, they live several miles away and might have second thoughts about paying for legal cost and driving up here for court and then sign off. Of course, they could also find the mistake & then I don't know what would happen.

For one thing, your lawyer will want about $5000 up front before pursuing a questionable lawsuit. He'll use up that $5000 within the first month or two and then want more. Count on spending $20,000 to $30,000.

Don't ever count on any defendant backing off a lawsuit because it's inconvenient or costly.

Now, if you think specific performance is the way to go, feel free to put your money where your mouth is and find a lawyer that will take that money and do what you want him to do even if your chances of winning specific performance are slim to none.

For the right money you can buy any kind of litigation that you want to pay for.

 

[anteater]

Please excuse my ignorance, but what could happen if I went ahead with the lawsuit for specific performance & the sellers never caught on that the deed had an error? In other words, they live several miles away and might have second thoughts about paying for legal cost and driving up here for court and then sign off. Of course, they could also find the mistake & then I don't know what would happen. Thanks all for your help.

I don't get your response. Do you think that a judge or jury is going to be able to, as FlyingRon put it, "... get rid of his wife's interest in the property?"

 

[Mike A]

I don't get your response. Do you think that a judge or jury is going to be able to, as FlyingRon put it, "... get rid of his wife's interest in the property?"

I really didn't know, which is why I am asking the questions and I surely do appreciate the answers. The way that I read the quit claim deed, the "married man" already took his wife off when he quit claimed it to himself and his daughter. I hear about all sorts of cases where the judge goes against the popular way of doing things. For instance, while a totally different subject matter, a judge around here recently gave someone "less jail time than would normally fit the crime", because in the judges words "He had a hard life, so it wasn't entirely his fault".

 

[Zigner]

The way that I read the quit claim deed, the "married man" already took his wife off when he quit claimed it to himself and his daughter.

What you're missing is that his wife didn't consent to that. THAT is why the the husband can't do it.

 

[Mike A]

For one thing, your lawyer will want about $5000 up front before pursuing a questionable lawsuit. He'll use up that $5000 within the first month or two and then want more. Count on spending $20,000 to $30,000.

Don't ever count on any defendant backing off a lawsuit because it's inconvenient or costly.

Now, if you think specific performance is the way to go, feel free to put your money where your mouth is and find a lawyer that will take that money and do what you want him to do even if your chances of winning specific performance are slim to none.

For the right money you can buy any kind of litigation that you want to pay for.

Ouch! This sounds like some good information right there....Like I said earlier, this is all new to me. (I had to look up the definition for litigation ). I didn't even know what a quit claim deed was either. I speak as an engineer and try to look at things logically (at least to me).

Maybe what I should do is contact the cell phone tower lady & offer my property to her for little or nothing...just for the fun of it!

 

[Mike A]

What you're missing is that his wife didn't consent to that. THAT is why the the husband can't do it.

Now I am with you! Takes me awhile sometimes..

 

[adjusterjack]

What you're missing is that his wife didn't consent to that. THAT is why the the husband can't do it.

Taking that a bit further (for Mike's benefit) a court will not enforce a provision of a contract that was impossible to perform.

In this case it was impossible for the seller to convey the property without his wife's consent so specific performance is not a remedy.

The remedy, consequently, is monetary damages for expenses Mike incurred.

 

[Mike A]

Taking that a bit further (for Mike's benefit) a court will not enforce a provision of a contract that was impossible to perform.

In this case it was impossible for the seller to convey the property without his wife's consent so specific performance is not a remedy.

The remedy, consequently, is monetary damages for expenses Mike incurred.

Would that be bank loan fees, lawyer fees, and the $20,000 that I took a loan out for and "ahem... lost the money...jk". I mean.. I wouldn't have taken the $20,000 out if they never signed the purchase agreement.. I also bought a thousand dollars worth of seed and fertilizer, not to mention the hardship I have had to deal with due to stress. Back pain, neck pain, gas money for driving to the lawyer a few times. telephone bills, possibly a poorer credit rating due to returning the money (if I find it..wink wink). Lost time on my sideline business as well.

Ok... I might be exaggerating a bit, but what realistically would a judge see fit?

If the quit claim deed is missing some information like his wife's name, or if his wife did not consent to that change, then somebody should have to fix it in my opinion.