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Purchase Agreement Expired - Buyer threaten to sue - Need Help.

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monieluv2

New member
I entered into a purchase agreement to sell my home on May 2018, Riverside County, CA (to a local real estate agent who owns his own property management company). I am married but was the only person on the deed / title. My husband and I filed legal separation through this process and the only way I could sell the home was to either buy him out or wait until the procedures were over. He agreed to a buy out and changed his mind prior to closing (July 2018). His reasoning was that he didn't trust me or the buyer because the buyer stated we would complete the closing but loan would remain in my name until he was able to find a buyer. I was told this was standard and the buyer put it in email. Informed the buyer and the purchase was placed on hold until I was able to resolve the issue with my estranged husband. I re-entered an agreement with the buyer (he threaten to sue me) for 3 months. The day of contact expiration November 26, 2018, he informed me he wanted he had a buyer and needed me to sign some documents. He sent them over but I was confused since this seemed to be a new contract. we extended the previous contract adding a three month extension. I thought I should only be signing closing documents. He informed me that he had assigned his interest to buy to someone else and I would be selling to them. I was still confused for a number of reasons:
1) I receive no documentation informing me that he was signing his interest to another party
2) The purchaser sent me a completed California Residential Purchase Agreement and Joint Escrow Instructions with individuals with new buyers and the previous buyer listed as broker
3) When I asked the Original buyer additional information about the new contract - he threaten to sue me for breach of contract because he stated I was refusing to sell
4) I didn't understand this new agreement - so I wasn't willing to sign any documents until I had a better understanding
5) The new agreement (CRPA) stated a deposit was rendered and other things about that I would be responsible for which I wasn't under the original purchase agreement
6) I didn't have any contact with the new buyers and was only able to continue talking to the purchase buyer.


About two weeks after much back and forth, me and the original buyer decided that I would not be moving forward with the buyer he had identified and the house will remain on the market. Since my now expired extended purchase agreement contract had expired, I sent the original buyer an email stating that I did not want to enter into a new contract and I would extend the option for him to purchase my home to February 18, 2019. He didn't respond. I sent home another email in January 26, 2018 extending his option to purchase my home until March 01, 2019 because I have been getting a lot of showings. The original buyer stated that the house will stay on the market until its sold.

My questions: Is this legal? Will I be in breach of contract if I refuse? I feel like this guy has continued to take advantage of the fact that I know nothing about real estate, law and I am on a limited income. My home is not in default. I am wanting to sell to relocate. Any advice?
 


justalayman

Senior Member
Your post is confusing. It plays like a “who’s on first” routine. I am confused as to who all the players are.


One thing I see is you extended the original purchase agreement. Per your timeline it won’t expire until feb 25. Did I miss something?

Other than that, your post is quite confusing.


I suggest hiring an attorney to actuslly review your contracts and situation and advise you.
 

monieluv2

New member
This whole process is confusing. Im the buyer, the original purchaser (call him Tim) and Tim was going to give his interest to Mark. I didn't agree because Tim created a whole new agreement, no longer a purchase agreement but rather a residential sale agreement between me and Mark. Decided to not go that route but keep home on the market, no longer in contract, I extended the contract to purchase until February 18th, and asked Tim if extending it to March 1st would be better. He responded saying "it needs to stay on the market until my house sales.

You are right. There are a lot of moving pieces here and seeking a lawyer is the best option in assisting me.
 

justalayman

Senior Member
This whole process is confusing. Im the buyer, the original purchaser (call him Tim) and Tim was going to give his interest to Mark. I didn't agree because Tim created a whole new agreement, no longer a purchase agreement but rather a residential sale agreement between me and Mark. Decided to not go that route but keep home on the market, no longer in contract, I extended the contract to purchase until February 18th, and asked Tim if extending it to March 1st would be better. He responded saying "it needs to stay on the market until my house sales.

You are right. There are a lot of moving pieces here and seeking a lawyer is the best option in assisting me.


You’re the buyer now?
 

LdiJ

Senior Member
What is going on here is neither standard nor even remotely normal. If I understand you correctly you have/had entered into some sort of agreement to sell to another party who in turn was intending to flip the property and somehow you are/were contractually involved in the flipping. That is a bizarre arrangement and its no wonder that your ex wasn't cooperating about it.

Get yourself a real estate attorney ASAP. You have made a mess.
 

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