I'm not a lawyer, so this isn't legal advice. However, if both you and the seller had signed the agreement AND if there wasn't some provision in the contract allowing the seller to back out (for instance, a provision stating that if a new offer came in within x days of acceptance, then the seller could terminate your agreement and accept the new one), then you're probably legally "in the right."
But, as your lawyer will explain, it can be awfully difficult to force a seller to sell to you. There are ways of making it difficult for the seller to sell to anyone else, but that can get messy and expensive.
Again, what does your lawyer say?
Good luck to you,
Unwavering Commtiment to Serivce
Best of luck,
It is really a legal question, and could be completely specific to your deal.
But as a layperson, if your lawyer and the other attorney signed a end of attorney review letter. I believe then you would have a binding contract.
Of course this is a question that can only be answered correctly by your Lawyer
Disclaimer: I am not an attorney and all legal questions should be answered by your attorney.
If you have documentation that attorney review was complete, you probably have a case. When attorney review is complete, the attorneys sign off and there is a dated correspondence to the effect that the attorney review period is concluded. If you can produce that correspondence, then the sellers have breached the contract and you have a case. If you are just going by time, you are out of luck, because the attorney review period was made open ended as soon as it began. The first thing the attorneys do is disapprove the contract, rendering it null and void unless the conditions of the attorney review are met. So you NEED written proof in the form of an "attorney review is concluded" letter to proceed.
Have you gone over this with your attorney?
Now the reality: In the final analysis, you are not going to get the house, because bringing an action will take months and cost thousands. So your only real options are to improve your offer, or to move on to another house. Often it is not "whether" you can sue but "whether" you have the time and resources to dedicate to a suit. Most people believe that life is too short and move on to another home.
A contract is really only as good as the intent and honor of the parties, and in this case it sounds like your sellers are the type of people for whom a few thousand dollars is worth breaking their word. If it were me, I would tell them to take their house and... well, you know.
Century 21 Joe Tekula Realtors
201 Route 10 East
Succasunna, NJ 07876
Phone (direct): (973) 584-4235
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