Finnhitchens
Junior Member
What is the name of your state? TN
We had/have a buyer for our house who put up $1000 earnest money. Closing 4/25. One week ago she asked to get out of the contract because she had some concerns regarding an easment for the driveway to the house. An earlier buyer had requested the easement and since the property involved in the easement belongs to inlaws, it was easily arranged. What we did not know at the time was that the property was subdivided and required the signatures of all the property owners for the easement to be approved. We also did not know that the easement had not been recorded. While we weren't happy about the sale falling through, we agreed to let her out of the contract. Because there were no contingencies regarding the easement in the contract, we requested that the earnest money be released to us. The buyer responded that she was not willing to release the earnest money to us but she would buy the house if the easement was recorded in time for closing on 4/24. We obtained the signatures from the other property owners and the easement was recorded this morning. This afternoon, the buyer decided that she really isn't going to buy the house and has threatened us with a lawsuit claiming that we misrepresented the easement. Can she sue us or is she making a threat so she can have the earnest money ? What can she sue us for ? We in all earnestness thought that the easement was recorded. Should we just let her have the earnest money and say good riddance ? She could also just be playing for time so that the contract expires. We are flabbergasted.What is the name of your state?
We had/have a buyer for our house who put up $1000 earnest money. Closing 4/25. One week ago she asked to get out of the contract because she had some concerns regarding an easment for the driveway to the house. An earlier buyer had requested the easement and since the property involved in the easement belongs to inlaws, it was easily arranged. What we did not know at the time was that the property was subdivided and required the signatures of all the property owners for the easement to be approved. We also did not know that the easement had not been recorded. While we weren't happy about the sale falling through, we agreed to let her out of the contract. Because there were no contingencies regarding the easement in the contract, we requested that the earnest money be released to us. The buyer responded that she was not willing to release the earnest money to us but she would buy the house if the easement was recorded in time for closing on 4/24. We obtained the signatures from the other property owners and the easement was recorded this morning. This afternoon, the buyer decided that she really isn't going to buy the house and has threatened us with a lawsuit claiming that we misrepresented the easement. Can she sue us or is she making a threat so she can have the earnest money ? What can she sue us for ? We in all earnestness thought that the easement was recorded. Should we just let her have the earnest money and say good riddance ? She could also just be playing for time so that the contract expires. We are flabbergasted.What is the name of your state?
