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Dealing with old contract

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quincy

Senior Member
It's very common for contract cases, other than in small claims court, to go to a jury trial. The main categories of civil cases between private parties (i.e. where the government is not a party) that don't go to a jury in most states are small claims court cases, family court matters (divorce, custody, child support, etc), and probate cases.
When there is a jury trial looming (with its promise of additional costs to both parties), there can be greater incentive to come to a settlement. Very few cases on the whole will actually make it before a jury.
 


When there is a jury trial looming (with its promise of additional costs to both parties), there can be greater incentive to come to a settlement. Very few cases on the whole will actually make it before a jury.
I would hope...but..the sellers stated that they do not want this man to have the home as they are selling another 92 acres and he has given them so much trouble that they are afraid he will cause problems when they sell the land. He already tried to force stipulations on the land that the sellers refused to abide by. Therefor, no settlements.. Just have to wait to see what happens. In the mean time, we are in a good position. We don't have to sell our home before purchasing, it is house buying season and lots of properties are coming on the market and we can get out of the contract if we want and get our Ernest money back. so.....we wait.
 

Taxing Matters

Overtaxed Member
When there is a jury trial looming (with its promise of additional costs to both parties), there can be greater incentive to come to a settlement. Very few cases on the whole will actually make it before a jury.
There are pressures to settle whether the case is to a jury or to a judge (bench trial). Over 90% of all civil cases are settled prior to actually going to trial. So you're right, either way it's likely that this gets settled before trial. How long before trial is another matter; I've seen a number of cases settle just a few days before trial or even the day of trial. So a settlement might not get this resolved for the OP much before the set trial date. You just never know.

For most ordinary cases (those that don't involve a high profile person, etc) the cost of the jury trial itself is usually not a great deal more than going to a bench trial. Yes, the jury trial will take more time, primarily in picking the jury. So when paying the lawyer by the hour, you'll have perhaps a couple of extra hours there for that. The time the jury takes for deliberation is time that the lawyer isn't working and thus doesn't add to the client's bill. Compared to the overall cost of going to trial, that extra cost for a jury trial is typically a rather small part of it. Most of the time, the choice to have a jury or not is not made primarily based on cost of jury trial vs bench trial.
 

quincy

Senior Member
I would hope...but..the sellers stated that they do not want this man to have the home as they are selling another 92 acres and he has given them so much trouble that they are afraid he will cause problems when they sell the land. He already tried to force stipulations on the land that the sellers refused to abide by. Therefor, no settlements.. Just have to wait to see what happens. In the mean time, we are in a good position. We don't have to sell our home before purchasing, it is house buying season and lots of properties are coming on the market and we can get out of the contract if we want and get our Ernest money back. so.....we wait.
Waiting is all you can do. It is fortunate that you are in the position where waiting doesn’t hurt you.
 
There are pressures to settle whether the case is to a jury or to a judge (bench trial). Over 90% of all civil cases are settled prior to actually going to trial. So you're right, either way it's likely that this gets settled before trial. How long before trial is another matter; I've seen a number of cases settle just a few days before trial or even the day of trial. So a settlement might not get this resolved for the OP much before the set trial date. You just never know.

For most ordinary cases (those that don't involve a high profile person, etc) the cost of the jury trial itself is usually not a great deal more than going to a bench trial. Yes, the jury trial will take more time, primarily in picking the jury. So when paying the lawyer by the hour, you'll have perhaps a couple of extra hours there for that. The time the jury takes for deliberation is time that the lawyer isn't working and thus doesn't add to the client's bill. Compared to the overall cost of going to trial, that extra cost for a jury trial is typically a rather small part of it. Most of the time, the choice to have a jury or not is not made primarily based on cost of jury trial vs bench trial.
the man doing this is an attorney...and he had a cash deal for all of this, no financing contingency. I dont think money is a problem for him. I feel like he is doing this as he wants to punish the family......I feel for them. All they wanted to do was sell their deceased parents home and land. very sad
 

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