I signed a contract to buy a home in NV. Money is in escrow. Seller now want to sell his house to the neighbor for more. what can i do?

Asked by Philippe, Henderson, NV Tue Feb 12, 2013

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Keisha Mathe…, Agent, Elk Grove, CA
Tue Feb 12, 2013
Regarding your reply under Michelle Thompsons' post:

"Thank you very much for your answers all.
I would like to file some kind of "notice" with the recorder's office that I have a contract to purchase the property so that no escrow company, realtor or lender will want to touch the property I have a contract to purchase. Could it be useful? what kind of notice? thanks again"

Can you clarify? Is the home in California or Nevada? If it's in Nevada, you will need to check with agents in Nevada and a real estate attorney in that area. Not sure how/why your question fell under "Home Buying in Carmichael". Real Estate laws/contracts differ from state to state.

The answer most of us (agents licensed in California) gave below would only apply if you are in contract in California.
0 votes
Keisha Mathe…, Agent, Elk Grove, CA
Tue Feb 12, 2013
So sorry to hear that. Those greedy homeowners. Welcome to our world!

Since you are writing under "Home Buying in Carmichael" we are all assuming you are purchasing in California where we would have the ability, as real estate licencess, to advise you.

Just as some of the agents below have stated, check your contract with a real estate attorney. I highly recommend:

Steve Beede, Founder and Managing Partner
BPE Law Group, Inc.
Main: 11140 Fair Oaks Blvd., Suite 300, Fair Oaks, CA 95628
Satellite: 9245 Laguna Springs Dr., Suite 200, Elk Grove, CA 95758 (Appointment Only)
(916) 966-2260

For a $200 flat, less than the price of a home inspection (in some cases), you can ensure you are protected throughout the remainder of the transaction. Act quickly, as one of the agents stated below, timeframes are crucial. Don't take them lightly. If you miss a contractual deadline, you are out of contract and then the seller can move to cancel your deal.

Hope that helps.
Keisha Mathews, REALTOR®
CDPE®, HRC®, HAFA® Certified
"The Short Sale Lady"
Century 21 Landmark Network
(916) 370-1803 cell/direct
(916) 405-3886 fax
keisha.mathews@century21.com
http://www.SheSoldItForMe.com
lic#: 01439130
0 votes
Steven lunet…, Agent, Sacramento, CA
Tue Feb 12, 2013
check your contract for recourse
0 votes
Pat & Steve…, Agent, Westlake, OH
Tue Feb 12, 2013
I suggest you retain an attorney in the city in NV where the home is located. The attorney should be one that handles residential real estate matters. It's better to have an attorney now, rather than when the Seller refuses to take an action required by the purchase agreement.
0 votes
Marge Bennett, Agent, Fort Myers, FL
Tue Feb 12, 2013
You may also need to contact an attorney to enforce your contract. No doubt the listing agent wants to enforce their listing contract also.
0 votes
Michelle Tho…, Agent, El Dorado Hills, CA
Tue Feb 12, 2013
If you are in a contract then he cant sell the home to anyone else. Just be sure you hit all your due dates such as removing your contingencies and submitting all your paper work on time. If you miss a date, seller can send you a notice to perform. If you don't perform during the time specified in your contract, then he can cancel the contract.
0 votes
Thank you very much for your answers all.
I would like to file some kind of "notice" with the recorder's office that I have a contract to purchase the property so that no escrow company, realtor or lender will want to touch the property I have a contract to purchase. Could it be useful? what kind of notice? thanks again
Flag Tue Feb 12, 2013
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