No one can render an opinion UNLESS your full executed sales agreement is reviewed by your buyers agent OR attorney,

It depends if during option period SELLER might be able change their mind

Seller may not understand all the financial obligations involved in order sale a home till numbers are presented to them.

Can seller approach the bank for short sale approval. This could take several weeks or months for process completed.

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Great answer, Scott. Clearly the advice here all points to getting an attorney involved. Here is another link that will provide details http://legal-dictionary.thefreedictionary.com/Specific+performance . One of the most important things that Scott did not mention is that you have to act FAST to assert your rights...the legal principle of Laches (see link). Get with it.

Best, Chuck Braxton

Steve you definately will want to at least speak with a Real Estate Attorney, John Tenn in Manchester is a great attorney. When suing for specific performance the judge is going to see if certain crietria was met. I have listed them all below however a quick check of is the contract valid ands there a meeting of minds where everyone agreed when signing. Good luck with your fight.

There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:

specific performance would cause severe hardship to the defendant
the contract was unconscionable
the claimant has misbehaved (no clean hands)
specific performance is impossible
performance consists of a personal service
the contract is too vague
contracts terminable at will
contracts requiring constant supervision
contract lacking mutuality.
contract made for no consideration.

One of the finest real estate attorneys I know for a case like this is Mark Dunn in Concord at 603/228-4413. Give him a call.

Chuck Braxton, REALTOR GRI
Roche Realty Group, Inc.

Hello Steve- Good question. If you want to speak with a good RE attorney in NH, please let me know. I work with a few that would speak with you on the phone initially for no Charge. Give you some quick advice.
I'd agree with your buyer's agent- you might be able to win some $$, but not the house. And if she has to borrow $$ just to clear the sale, how long do you think it would take you to get any $$ awarded to you from her? A long time....
If I can be of any help, please let me know. Thanks, and good luck,

Ken L.

Steve,

The sellers agent should be aware of the mortgages on the home as they provide here in PA what is called a sellers estimated closing costs which would list mortgages and all other items paid at closing.

I am not a real estate attorney and for this specific case would suggest you contact a real estate attorney.



Sean Dawes