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Real estate purchase agreement signed and then Quitclaimed to husband before sale is complete

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Starillion

New member
Real estate purchase agreement signed and then Quitclaimed to husband before sale is complete
1. Seller accepted a real estate contract with me 15 months ago.
2. Husband filed for divorce after the contract was signed.
3. Wife said she was ordered to quitclaim property to husband.
4. Husband is selling the property even though we have a contract to purchase. The contract stipulates she is not allowed to change title of the property without my permission.
Can I restrain him from selling the property until it is decided if I have legal right to purchase the property?
THANKS.
 


Zigner

Senior Member, Non-Attorney
The state is important, but your matter is complex enough that you will want to seek the advice of a local attorney.
 

justalayman

Senior Member
Given the urgency of the issue, I would suggest you retain an attorney ASAP. You may lose your right to object if the husband completes a sale prior to you getting this in front of a judge.
 

adjusterjack

Senior Member
Wife said she was ordered to quitclaim property to husband.
If that was a court order then it probably trumps your purchase contract, making it impossible to enforce.

https://en.wikipedia.org/wiki/Impossibility
Can I restrain him from selling the property until it is decided if I have legal right to purchase the property?
You can seek an injunction through the courts but I doubt if you'll be successful.

Why not just buy the house from him?
 

Litigator22

Active Member
Real estate purchase agreement signed and then Quitclaimed to husband before sale is complete
1. Seller accepted a real estate contract with me 15 months ago.
2. Husband filed for divorce after the contract was signed.
3. Wife said she was ordered to quitclaim property to husband.
4. Husband is selling the property even though we have a contract to purchase. The contract stipulates she is not allowed to change title of the property without my permission.
Can I restrain him from selling the property until it is decided if I have legal right to purchase the property?
THANKS.
First, disregard the incident of the wife quitclaiming over to the husband. For your purposes it is inconsequential.

Secondly, if push comes to shove - meaning that the named sellers remain recalcitrant refusing to honor and implement their written commitment then - assuming that the purchase agreement meets the standards required to be enforceable. . .

What you'd need to do is to have your attorney file an action against both named sellers for specific performance of the "real estate purchase agreement".

Injunction? Provided there has been no intervening documented attempt to sell to a third party, the recording of a Lis Pendens coincident with the filing of the action for specific performance would suffice to protect you against any subsequent purchasers or lien claimants- provided your lawsuit proves successful.

If there has been an intervening documented sale, then you would need to join the purported buyer(s) as defendant(s) in your action for specific performance with a separate count seeking a declaration that your contract/claim is prior in time and therefor superior to all adverse claims. In essences quieting title in your name. Which is not for the novice nor the weak at heart, inexperienced lawyer.

Tempest fugit!
 

adjusterjack

Senior Member
Starillion, count on spending $20,000 and up on attorney fees to mount the kind of litigation that was just suggested, with no guarantee of success.
 

Ohiogal

Queen Bee
Litigator why do you assume there was more than one seller on the contract? That is an assumption that has NOT been stated as fact by the OP. Hence my question in the post before yours.

What you'd need to do is to have your attorney file an action against both named sellers for specific performance of the "real estate purchase agreement".
 

Litigator22

Active Member
Litigator why do you assume there was more than one seller on the contract? That is an assumption that has NOT been stated as fact by the OP. Hence my question in the post before yours.
Please work on your reading skills . . . starting here:

". . . assuming that the purchase agreement meets the standards requisite to be enforceable . . ."

Sorry that I didn't dumb it down where you might understand that it refers to a condition upon which favorable results from an action for specific performance are contingent.
 

Litigator22

Active Member
Starillion, count on spending $20,000 and up on attorney fees to mount the kind of litigation that was just suggested, with no guarantee of success.
Are we seeing a pattern developing here? Ill-disguised derision and scoffing at those us having earned the professional credentials to be able to address such issues when you have earned none.

adjusterjack - You can seek an injunction through the courts -
My, my . . . and I suppose it is your belief that "seeking an injunction" could be "mounted" free of legal fees and without fear of retribution by way of Rule 11 sanctions and a counter suit seeking damages for slander of title. Neither of which - for your much needed edification - would be available in reciprocation to a suit for specific performance and the recording of a Lis Pendens!!!
 

Ohiogal

Queen Bee
Please work on your reading skills . . . starting here:

". . . assuming that the purchase agreement meets the standards requisite to be enforceable . . ."

Sorry that I didn't dumb it down where you might understand that it refers to a condition upon which favorable results from an action for specific performance are contingent.
Never assume that... seriously. Because there is no evidence that it does. But continue with your arrogance... it is expected.
 

not2cleverRed

Obvious Observer
Please work on your reading skills . . . starting here:

". . . assuming that the purchase agreement meets the standards requisite to be enforceable . . ."

Sorry that I didn't dumb it down where you might understand that it refers to a condition upon which favorable results from an action for specific performance are contingent.
Given that this is a forum where laypeople post questions, you should at least dumb it down enough so that the person who started the thread might understand your response, and its context.

Your post assumed certain facts. Your assumptions were not unreasonable, but that does not mean that they were correct.

Starillion stated that the contract stipulated that the wife was not to change the title of the property without Starillion's permission. The exact wording of the stipulation, the title of the property, and who signed the contract are relevant. It is possible that the title was, at the time the contract was signed, entirely in the wife's name, and that the husband was not a party to the contract, for example.

Sales fall through all the time. Starillion's purchase wasn't finalized; the sale hadn't closed. Up until closing, all sorts of things can happen, and the sale fall through. Surely the contract has some wording in it about what should happen, should either party fail to adhere to the terms in he agreement. THAT perhaps is what Starillion should focus on.

If the husband is interested in selling the property, but is open to selling it to someone other than Starillion, perhaps there is a reason. For example, perhaps the contract was for a sales price well below market value.

Starillion has not yet answered any follow up questions; we have insufficient information.
 
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