Seller Not Adhering to Closing Date

[JulieAnne]

I have a contract to buy a house. My state is South Carolina. The contract was signed by both myself and the seller at the beginning of March. I put down $2000.00, which has been cashed. The closing date was set for the 31st of March. The seller was unable to meet this date, due to family problems. The seller's lawyer has re-scheduled the closing three times, but has continued to postpone it. I have signed no exstentions to the contract. My question is this: Do I have any recourse to make the seller close on his house? My lock-in interest rate expires in 10 days, and I do not want to lose this rate. Is there anything I can do to force the seller to follow the contract? THANKS

[This message has been edited by JulieAnne (edited April 11, 2000).]

 

[Tracey]

Have your lawyer draft a letter to the seller saying that if he does not close by Wednesday, you will sue him for breach of contract and make HIM pay the higher interest rate for the next 30 years. He will also be liable for returning your earnest money and for any extra money you have to pay to find a similar house in a similar location. And attorney fees. And costs.

The idea here is to list every possible source of damages you can conceive to scare the guy into closing.

Take your sales contract and all other documents with you and go hire a lawyer today. Depending on the language, you might also get your attorney fees for writing the letter paid as part of closing.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 12, 2000).]