Maddsmom, Home Buyer in Los Angeles County, CA

Seller accepted offer, escrow opens, deposit check cashed, appraisal ordered, seller won't let them in, has cold feet, buyers want the house,

Asked by Maddsmom, Los Angeles County, CA Tue May 25, 2010

buyer sends letter from attorney that law suit will happen if seller does not comply......what happens if seller does not perform?

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Sorry for your trouble. You did the right thing by getting your lawyer involved.
You should get your earnest money back in full and your inspection costs
and appraisal fee. Start looking at other homes just in case the seller
remains steadfast about not selling.

Good Luck,

2 votes Thank Flag Link Wed May 26, 2010
There is a lawsuit called specific performance where you are suing to get the judge to enforce the contract that was signed and agreed to by all parties. In lieu of buying the house they can award costs plus damages., You shoudl ask your attorney what the steps are that he is proposing in your case.

good luck working things out
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1 vote Thank Flag Link Wed May 26, 2010
Buyer sues seller. Hire an attorney!

Richard Schulman
Keller Williams Realty
#1 Buyers Agent KW Los Angeles Region
(310) 482-0173 - A few minutes ago
0 votes Thank Flag Link Thu Jun 3, 2010
If the seller doesn't sell, the buyer could be reimbursed for all of their expenses they've paid for the house so far.
0 votes Thank Flag Link Wed May 26, 2010
hello MR. Buyer,
Since there is an Attorney involved, you should direct your questions to them as a lot of Realtors have advised below. Seller cannot be forced to sell their home. However the seller should pay up your costs fr any appraisal and home inspection cost that you have incurred.

Move on... there might be somethin better for you out there.
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0 votes Thank Flag Link Tue May 25, 2010
Hi Maddsmom,

Simply put, if the Seller does not perform then they are in breach of contract. Trulia is not the forum for legal advice, so the following is just opinion.

As John points out, there is now a lawyer involved. The Buyer's lawyer may attempt to seek an order of "specific performance", which is an order of the court which requires a party to perform a specific act, usually what is stated in a contract. It is commonly used in the form of injunctive relief concerning confidential information or real property.

In general, I would agree with Rebecca's comment; however, if there are specifically unique characteristics of the home such a conclusion may prove challengeable from a legal perspective. After all, a custom home perched on a restricted coastal cliff is much different than a subdivision home.

As Eric suggests, completely understanding the Seller's situation before acting can save all involved from unnecessary stress that a lawsuit will readily supply.

Best, Steve
0 votes Thank Flag Link Tue May 25, 2010
If the Seller cancels without right, probably the only losses are any expenses the buyers have had, ie. inspection, appraisal etc. You can't force a Seller to sell.
0 votes Thank Flag Link Tue May 25, 2010
Did you sign the dispute resolution, arbitration /mediation clause in the contract? Paragraph 17a,b on page 5. I would bring this to the attention of your lawyer. Hope this helps. On a human level, I would put yourself in their shoes. Do you know anything about their situation? Not that they're right, but it’s not always about right and wrong. Just food for thought.

Best of luck,

Eric Soderlund
0 votes Thank Flag Link Tue May 25, 2010
You already have an attorney involved. This question should be directed to that person.

What a mess! Good luck.
0 votes Thank Flag Link Tue May 25, 2010
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