Thank you to all who have tried to help, it gives me some faith in my fellow man. And it sure is a breath of fresh air hearing from decent, honest people who actually have an idea of fair play.
Am I to assume that you no longer have a septic system in? If so, you should also file for a civil case to have the buyer replace the system. If what you're saying is correct, this buyer's a real character. Go in for the long haul. See if the current buyer can wait it out.
As it stands right now, you could pay for the lis pendens to be removed, which probably means that the previous buyer wants their deposit back. You've got a lack of septic system which devalues the property. That a lose-lose situation.
If you go for criminal and civil charges against him for fraud and having your system removed, then it could go the distance to trials or it will get nipped in the bud by the previous buyer.
Get with an attorney and see what your options are. I would say go for it. But I do not know how desperate you are to sell the property. I just think if you give in, they will win everywhere.
Keep me posted, I would be very interested to see how this pans out.
Terrence Charest, e-Pro
buyer went to property without our knowledge or consent, fraudulently filed for an onlot septic permit from the SEO stating he was owner or authorized agent of owner so he could dig up existing septic system. This was done on last day of contingency period. Then he never put anything in writing just demanded we let him back on property to dig more.
We refused to let him back on property as our agent said he had no right. He failed to get required mortgage commitment so we terminated the contract.
Now we have signed a contract with another buyer but lis pendens clouds title.
He has been threatening to file for specific performance for almost 6 months, can he do that after putting it on paper he wants cash?
I am under the impression specific performance only applies when monetary damages would not be equitable. He has stated he is after money not the property.
That being said, you really haven't stated when the "lis pendens" was put into place or why. "Lis pendens" means pending litigation. If the buyer and seller cannot come to terms with the contract, typically (there is a portion of the contract which explains this) mediation can be used without going through the hassle and expense of using attorneys.
What is the lis pendens for? How is the lis pendens being removed and have you come to an agreement?
Terrence Charest, e-ProÂ®
Century 21 Associates
905 Easton Road
Willow Grove, PA 19090
Cell (Preferred): 877.614.1494
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