Seller Breach of Contract

**mommiedoc** · 04-23-2008, 06:30 PM

I am supposed to close on a home in 2 weeks. I was just informed yesterday that the seller is terminating the fully executed contract (from March) because he is trying to eliminate stress and is unable to repair the items he previously agreed to in writing.

I responded by offering to accept a credit and perform the repairs after the sale. He obtained a lawyer after our agent told his agent that we were thinking of consulting a lawyer. I am in southern NJ where lawyers are rarely used for transactions.

I called a few lawyers today - no return calls. What are my options? Can I really force a sale? I also have an awesome interest rate, if this gets delayed I will lose the rate - would the seller be responsible any difference in payments?

Thanks in advance!

**JJohnson1985** · 04-23-2008, 07:12 PM

Those are questions for an attorney, and unfortunately I am not one. I am also not a licensed real estate agent. The contract can not be executed because there are still items that are not executed. What you can do depends on the contract. Does the seller have a clause that allows him/her to get out of it? If not and the seller signed it then I believe you can force the seller to execute the contract.

You really need to talk to an attorney with knowledge in this type of situation and who has read the contract to really know your options. Hopefully one will return your call. Also, what does your agents say about this since he/she is the one who started the consulting a lawyer domino effect?

**Tony Zito** · 04-23-2008, 08:41 PM

You will need a real estate attorney. You can call your local board of Realtors or State Real Estate Commission to get a referral. You may also contact a title company to see if they could give you a referral to an attorney that litigates real estate.

Good Luck
Tony Zito

**Mike Taylor** · 04-24-2008, 04:46 AM

It sounds like you have grounds for breach of contract, but how much effort do you want to put into making someone sell you a house? Is it really worth it with all the homes on the market?

**TomAnto** · 04-24-2008, 08:56 AM

Originally Posted by Mike Taylor

It sounds like you have grounds for breach of contract, but how much effort do you want to put into making someone sell you a house? Is it really worth it with all the homes on the market?

By the facts given it is breach, barring any termination clause that may be in the contract. Mike is right you must weigh the expense & heartache of fighting it out to just moving on.

**mommiedoc** · 04-24-2008, 03:23 PM

I did contact a lawyer (actually a few until I found one that was more responsive). I can ultimately sue for specific performance. Our contract is valid. The home is a 2nd home on the beach and trust me, while I know there are a lot of listings, this location is prime for the price. I think the seller got another offer or realized that things were starting to pick up in this particular area.

I will see how it goes.

**JJohnson1985** · 04-24-2008, 03:59 PM

Good luck

I just wanted to wish you good luck but I need more than 15 words for the post to post. So forget this last paragraph.

**dab28** · 04-24-2008, 08:01 PM

They have laws to protect you for just that reason, he is in default if he doesn't sell the house. I'm no lawyer, but I've been reading up on this stuff lately, and if you need a lawyer, get one. But you DO NOT have to let him out of the contract if you don't want to. The only way is if there is a clause or contingency in the contract that you or he cannot meet. Like failed inspections, lack of financing, etc.

**TomAnto** · 04-25-2008, 01:14 PM

Originally Posted by mommiedoc

I did contact a lawyer (actually a few until I found one that was more responsive). I can ultimately sue for specific performance. Our contract is valid. The home is a 2nd home on the beach and trust me, while I know there are a lot of listings, this location is prime for the price. I think the seller got another offer or realized that things were starting to pick up in this particular area.

I will see how it goes.

That burns me up, a deal is a deal in my book. I've made both good and bad ones in the past. Honoring a commitment shows good character barring a legitimate fraud or misrepresentation issue by the other party. If the deal still makes sense economically you should stand up for yourself.

Good luck, glad you sought help from an attorney.

**mommiedoc** · 04-25-2008, 01:21 PM

The seller now is stating that he was given a terminal diagnosis and would like to spend his final days at the property. I am a bit skeptical - I have been "had" before.