We as a buyer are ready to file a lawsuit for specific performance of real estate contract. Purchase agreement lists specific performance as the remedy for purchaser in case of default by seller.
Is it possible to seek legal fees and damages in addition to specific performance by listing it while declaring Time is of the essence?
Criminal Defense Attorney
You can get legal fees if your contract provides for it.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
4 lawyers agree
Family Law Attorney
Concur with counsel. Do you have a lawyer to represent you in your case? If you don't, I'd really recommend that you hire one. Often, the contract such as the one you're referring to has a provision for attorney's fees. You'd still have to pay your lawyer although there is a possibility that you can recoup your attorney's fees, in whole or in part, if you win. Of course, that depends on what your contract says and if you win.
It's probably well worth your time to hire a lawyer. If you're suing a seller you want to make sure that you name all parties to the action.
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Real Estate Attorney
Yes. You can seek all costs and fees caused by the willful breach of the contract such as bank costs, storage fees, rent, use and occupancy, court costs and legal fees., etc. You may not be awarded all costs but you can seek them. Most of these cases get settled prior to trial so seek all expenses as leverage. The end result is you want a closing as quickly as possible. You will need counsel to do this successfully.
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