I have a real estate deal in the works involving estate property. A buyer made a down payment, put the property in escrow and had the utilities placed in his name. However, the deal went sour when a lien was disclosed in doing the title search. The buyer sill offered to go through with the deal if I agreed to sell for much less than the original contract agreement and he would assume the debt. On the advice of the estate attorney, I refused. In the meantime, the estate attorney managed to get a clear title, but now the buyer's attorney will not take or return calls from the estate attorney. I don't know one way or the other if the buyer is still going to purchase or not. I am in limbo on this. Should I call the buyer's attorney on my own or what else can I do?
Criminal Defense Attorney
No one can know why someone isn't returning someone else's calls. Maybe the buyer doesn't want to buy the property anymore; who knows.
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Federal Crime Lawyer
It is unprofessional of the buyer's attorney not to return your attorney's phone calls... maybe try having your attorney write him a letter and/or send an e-mail. Hopefully that will get a reply.
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Real Estate Attorney
Calling the buyer's attorney directly will get you nowhere. That attorney is aware you are represented by counsel, and is ethically prohibited from speaking directly with you.
As my colleagues correctly suggest, ask your attorney to call the buyer's attorney to ask for a status update.
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Real Estate Attorney
As previous counsel expressed, it is difficult to know why the other attorney isn't returning your attorney's calls.
I think that if your attorney cleared title and there is no reason for the purchaser not to go through with the transaction, then perhaps your attorney should send a "Time is of the Essence" letter. This should either get the closing set or have the purchaser's attorney send a letter set forth his client's position. Either way the issues will be clarified.
I don't understand why the utilities are in the purchaser's name. Has he taken possession? If he has and won't close then I would take steps to have him removed.
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