Home Buying in Kutztown>Question Details

Bryan, Home Buyer in Kutztown, PA

Seller is trying to back out of purchase agreement. If it were to go to court, how long could the process take??

Asked by Bryan, Kutztown, PA Mon Apr 4, 2011

The seller is trying to back out of purchase agreement, 3 weeks before closing date. Everything on my side is good, but he is saying he was given wrong numbers by his realtor. so now he is trying to back out about a month after signing agreement. i have contacted a lawyer and he said basically to try to scare him to proceed without legal action. if it were to get ugly how long could this process take?

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5
Hi Btyan,
You mention his Realtor, do you have a Realtor representing you? There are so many great homes out there for sale. Do you really want to put yourself through all the stress and perhaps long legal battle?
Pehaps if you try to negotiate to have the seller reimburse you for your expenses ie appraisal if completed and inspections costs in lieu of taking him to court he might agree. That way you can move on and find a new home. In any case you would be entitled to the return of your good faith deposit. Good luck!
Bev Kalb
Century 21 Longacre Realty
Bally, Pa. Berks Co.
610-845-6000 x 208 cell 610-442-6897
http://www.century21longacre.com
0 votes Thank Flag Link Tue Apr 5, 2011
You would have to prove some financial damage to be successful in a lawsuit. Your legal fees might just exceed any financial damage you incur.

Depending on the language of your purchase agreement, you might be able to keep the buyers earnest money as remediation of damages. I'm not an attorney, but I'm guessing your attorney is trying to help you reach some sort of settlement without using a lawyer as the attorneys fees may well outstrip any monetary gain.
0 votes Thank Flag Link Mon Apr 4, 2011
Since you state that you already consulted with an attorney, why not simply follow his/her advice, and begin with the recommended letter--as to how long the court proceedings would take--your attorney can best answer the question based on all legalities involved, consider asking him/her the question....
0 votes Thank Flag Link Mon Apr 4, 2011
Are you represented by a licensed Realtor? Did you try and have a meeting with you, sellers and both agents attending? Sometimes this works once everyone is face to face rather than numerous phone calls or emails. If you used the standard Pennsylvania Association of Realtors agreement of sale it clearly spells out what the process is if this happens. I have no idea how long a court case would take beings I have never been involved with this type of situation. I sell Real Esate in this area and there are numerous houses you can make good deals on if you have nothing to sell prior to buying. If the seller refuses to sell under the agreeable terms and conditions get your earnest monies and find another house.
0 votes Thank Flag Link Mon Apr 4, 2011
What does your Realtor say? What does your contract say? In Colorado, there's a provision that states what happens if seller or buyer fails to perform. It should already be spelled out. If not...Do you really want to take it to court, and force him to sell his house to you and have this drag out for months? Just get your earnest money back and move on.
0 votes Thank Flag Link Mon Apr 4, 2011
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