I am purchasing a home in Fulton County, Georgia and went under contract April 2, 2016. Seller and his agent have failed to meet the terms of the contract ( 5 items we agreed to with the initial contract which has not changed and no additional items added to) and we have given 3 extensions already.
The Seller's agent also delayed and delayed our appraiser from coming out 4 times over the course of 4 weeks. We finally got the appraisal last Friday and it came in 15K higher than our agreed purchase price. Since then my agent has received calls from the seller's agent telling him that the seller is not going to do the agreed items and is selling it "as is".
The agent also communicated to my agent that I should terminate the contract and they will give me my earnest money, the appraisal fee and inspection fee back. We believe the Seller has gotten multiple offers on the home that are coming in much higher than our agreed purchase price.
At this point I am prepared to file suit for non-performance and breach of contract.
No, you have to also file a motion for a restraining order and injunction and show that you have a legal right to enforce the contract and get the house. Just because you have a claim for breach of contract does not mean you automatically have a right to force a sale of the house. You will need a good real estate litigation lawyer in your area and most likely a good retainer and you'll spend well into the four figures in a very short time, before the case is resolved one way or the other. Make sure you really like the house.
You need to hire a real estate litigator ASAP to file a lawsuit along with a "Lis Pendens" to provide notice of that lawsuit. Any buyer would be nuts to buy a property with a Lis Pendens on it, and that's assuming the seller could even get a title company to issue a policy of title insurance on the property to convey good title to the property.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Agreed. Please see a local real estate lawyer who often litigates. They will file an action on your behalf together with the lis pendens, which basically will tie up the property as it is a notice to the public that the house is involved in litigation.. Use Avvo's Find a Lawyer feature to find someone near you. Best of luck.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
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