Home Buying in New Hampshire>Question Details

Anon Mouse, Home Buyer in Laconia, NH

What are buyer's rights when seller can't deliver per P&S?

Asked by Anon Mouse, Laconia, NH Fri Apr 3, 2009

In this example - Seller's ex-spouse - who is not on title, but is on the mortgage - creates legal impediment to sale via homestead rights claim. P&S expires and extension expires and seller still can't deliver.
What are the buyer's rights after having made all financing arrangements, incurred associated costs for application fees etc., and was kept hanging and effectively out of the market to pursue alternate purchases. What compensation is normally made to sellers in this situation? Albeit unintentional on part of seller, is this nonetheless breach of contract?

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Dear Mouse,

The quick and proper answer here is call your lawyer, you have certain specific injuries and I would suggest to your agent and the agent of the seller that a judge together with the associated court costs should be able to determine the value of your buyer's "contractual rights". Hearing the "rattle of your saber", maybe they will come around and make the sale possible--instead of going to court.

Good luck,

Dane Hahn
0 votes Thank Flag Link Fri Apr 3, 2009
I'd ask a lawyer about this one. Maybe start with the divorce lawyer and see what he says. Good luck! :)
0 votes Thank Flag Link Fri Apr 3, 2009
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