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Two of three sellers refuse to close - help!!!!

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K

kitnguye

Guest
What is the name of your state? Georgia

I'll try to be brief in a very complex situation.
I signed a purchase agreement, along with three sellers. One day before closing, was told by sellers agent that 2 of 3 sellers refuse to come to closing because all proceeds go into a trust and division of money to be decided at a later date. Basically, son and daughter (the nonclosers) won't close unless they get a check. Mom (the actual mortgage holder) got court order against son/daughter stating that house must be sold per terms of contract but again, son/daughter did not come to close and now live in Maryland. They have no incentive since they are not on mortgage note, but have been quick claimed 2/3 deed. Mom is now supposedly going to court to have judge assign somebody to sign for son and daughter. We have since done an early move in and are renting from mom. We have several questions:

1) Can we sue kids for nonperformance even though they are in Maryland and would it be prohibitively expensive since we live in Georgia? Could we get something for the immense inconvenience it has caused us (we are military and all belongings are in storage)

2) Can we sue mom? She knew about this situation for weeks prior to closing. We have moved into house but cannot move belongings in because carpets must be replaced and we don't know if we will get title.

3) What are the chances of Mom getting court-ordered person to sign for kids?

4) If we decided to move out and find another home, could we still sue for damages (i.e. renting temp home for another 45-60 days) from both mom and kids? We never breached contract. We are ready to sign now but can't wait forever for kids to come around or for mom's lawyer.

Thanks so much for any help. This is a great site and I am so appreciative!
 
Last edited:


HomeGuru

Senior Member
kitnguye said:
What is the name of your state? Georgia

I'll try to be brief in a very complex situation.
I signed a purchase agreement, along with three sellers. One day before closing, was told by sellers agent that 2 of 3 sellers refuse to come to closing because all proceeds go into a trust and division of money to be decided at a later date. Basically, son and daughter (the nonclosers) won't close unless they get a check. Mom (the actual mortgage holder) got court order against son/daughter stating that house must be sold per terms of contract but again, son/daughter did not come to close and now live in Maryland. They have no incentive since they are not on mortgage note, but have been quick claimed 2/3 deed. Mom is now supposedly going to court to have judge assign somebody to sign for son and daughter. We have since done an early move in and are renting from mom. We have several questions:

1) Can we sue kids for nonperformance even though they are in Maryland and would it be prohibitively expensive since we live in Georgia?

**A: yes and you should sue.
***********
Could we get something for the immense inconvenience it has caused us (we are military and all belongings are in storage)

**A: possibly.
*********

2) Can we sue mom? She knew about this situation for weeks prior to closing. We have moved into house but cannot move belongings in because carpets must be replaced and we don't know if we will get title.

**A: yes, you can sue anybody.
**********
3) What are the chances of Mom getting court-ordered person to sign for kids?

**A: poor since the Court will order the kids to sign.
************
************
4) If we decided to move out and find another home, could we still sue for damages (i.e. renting temp home for another 45-60 days) from both mom and kids? We never breached contract. We are ready to sign now but can't wait forever for kids to come around or for mom's lawyer.

Thanks so much for any help. This is a great site and I am so appreciative!

**A: there are many other facts to the story which you did not post. Thus, you need to hire an attorney to review the entire history.
 
K

kitnguye

Guest
Homeguru, thanks for the quick response:

I think we are going to contact an attorney, but would also like to get another opinion from you:

Exchange:

3) What are the chances of Mom getting court-ordered person to sign for kids?

**A: poor since the Court will order the kids to sign.

Seller 1 provided us with a court order stating: "It is hereby ordered that the sale of XXX shall proceed per the terms of the contract on the date set by the closing attorney, YYY. The parties to this action are ordered to execute the necessary paperwork as required by the closing attorney. All of the seller's net proceeds will be paid into the registry of the court for later determination as to the division between parties". Doesn't this serve as the order you were mentioning in the reply? This court order was received one day before closing and they didn't show. Thus, mom is now going back to get the court to assign somebody to sign. I guess my question is: we have the court order, how can it be enforced? If we sue for specific performance, isn't it the same thing as the mom getting the court order?

Thanks again.
 

HomeGuru

Senior Member
kitnguye said:
Homeguru, thanks for the quick response:

I think we are going to contact an attorney, but would also like to get another opinion from you:

Exchange:

3) What are the chances of Mom getting court-ordered person to sign for kids?

**A: poor since the Court will order the kids to sign.

Seller 1 provided us with a court order stating: "It is hereby ordered that the sale of XXX shall proceed per the terms of the contract on the date set by the closing attorney, YYY. The parties to this action are ordered to execute the necessary paperwork as required by the closing attorney. All of the seller's net proceeds will be paid into the registry of the court for later determination as to the division between parties". Doesn't this serve as the order you were mentioning in the reply?

**A: yes it does.
*************

This court order was received one day before closing and they didn't show. Thus, mom is now going back to get the court to assign somebody to sign. I guess my question is: we have the court order, how can it be enforced? If we sue for specific performance, isn't it the same thing as the mom getting the court order?

Thanks again.

**A: no. The court order is one thing. Since the parties that refuse to close are in contempt, you need to go back to court and litigate this issue.
Good luck.
 

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