Uncooperative Seller

Our contract on the house says we will close on or prior to May 26th. Two weeks prior to closing we were told that since the probate paperwork was done incorrectly we could not be guaranteed a closing date.We asked for posession before closing but the seller refused.We are in the process of getting out of this contract and have asked seller to refund insp. & appr. fees and they refuse. Can we put a lien on their house.Any ideas?

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Powell:
Our contract on the house says we will close on or prior to May 26th. Two weeks prior to closing we were told that since the probate paperwork was done incorrectly we could not be guaranteed a closing date.We asked for posession before closing but the seller refused.We are in the process of getting out of this contract and have asked seller to refund insp. & appr. fees and they refuse. Can we put a lien on their house.Any ideas? <HR></BLOCKQUOTE>

You need to have an attorney review the terms and conditions of the purchase contract to see if both parties have met all conditions. If the sale of the property is subject to Probate Court approval then there is no guaranteed closing date and probably a clause in the contract that the sale is subject to Probate Court approval and Court confirmation. The Seller is not obligated to give you early occupancy. If the Seller defaulted on the contract you may be entitled to damages including asking for reimbursement of inspection and appraisal fees that you paid in connection with this transaction. If the Seller did not default then you are not in a position to ask for reimbursement. You as a Buyer have no lien rights but if you litigate and prevail you can get a judgement and record it on title.