Who has the official contract?

[Defontain77]

What is the name of your state? Virginia

If I signed a residential sales contract but there is now a motion in court from the HOA to approve a sales offer to a different buyer, is my contract now void?
I signed a residential sales contract about 17 days ago with the owner of a property. There is a motion in court forcing a residential sale due to past due HOA fees owed. The motion is to approve a sale to a different buyer is set for hearing next week. Due to the court proceedings, is my contract now void? What are my options?

 

[quincy]

If the ownership of the property is being challenged, your rental contract could be void.

 

[Defontain77]

I'm not renting... I've a written contract to purchase.

 

[Defontain77]

If I signed a residential sales contract but there is now a motion in court from the HOA to approve sales to a different buyer, is my contract now void?
I signed a residential sales contract about 17 days ago with the owner of a property. There is a motion in court forcing a sale due to past due fees owed to approve a sale to a different buyer is set for hearing next week. Due to the court proceedings, is my contract now void? What are my options?

 

[quincy]

I'm not renting... I've a written contract to purchase.

Sorry. But the answer is the same.

If the person you signed the agreement with does not have ownership rights, your contract would be void.

You need to discover property ownership status.

 

[Taxing Matters]

What is the name of your state? Virginia
I signed a residential sales contract about 17 days ago with the owner of a property. There is a motion in court forcing a residential sale due to past due HOA fees owed. The motion is to approve a sale to a different buyer is set for hearing next week. Due to the court proceedings, is my contract now void? What are my options?

The contract is probably not void. At least, not yet. However, the HOA has a lien for the fees and that lien supercedes your interest in the property. Should you complete your purchase before the HOA sale is done, the lien still follows the property and the HOA could still sell it from under you to the other buyer. One option here would be to see if the HOA would cancel the court sale if you paid off all the outstanding fees in order to try to save your purchase. If the court sale goes through, you end up without the property. While that might give you an action against the seller for breach of contract, you'd still not get the property you wanted.