SO SCREWED!!!!! This has been a long and stressful journey… My husband and I found the perfect house. We made an offer and won between 2 other

Asked by Kerry, 11236 Mon Jun 14, 2010

buyers. We sign the contract the beginning of Feb. but the seller indicated that they want to close on or about July 1. that was fine considering we needed the time to get everything together.. Now everything was going great until last week. The seller had a change of heart, they no longer wanted to sell. Now it would have been fine a few months ago but not 2 and a half week left. We have clearance to close. We’re waiting on a closing date. I couldn’t believe this!!! My attorney looked over our contract and said we can sue. My broker said we can do a force closing. We’re really screwed because we have a few more week to vacate our apartment. We explain the situation to our landlord but he already made plans. My question are… Can sellers do this? Pulling out at the last minute. What are our options other than a lawsuit. Should I look for another place even though we did not receive our down payment back? Is it worth going to court? I have some many question but not a lot of answers.

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David Rogoff…, , Brooklyn, NY
Tue Oct 12, 2010
We feel horrible about your situation and the emotional stress your are experiencing.

Hopefully your attorney has provided advice and you have taken the appropriate action.

Since it is now October we are curious as to the final outcome.

Best regards,
Bonnie Chernin and David Rogoff
Fillmore Real Estate Branch #19
917-593-4068 (CELL)
1 vote
Jeff York, , Oklahoma City, OK
Tue Oct 12, 2010
Let the attorney handle this since that is what he is for. The suit is for specific performance. It is possible that they could settle with you for damages, covering your expenses for an additional move, short term lease, and pay the difference in the price on their house and another house you like as much or more. There are many options so let the attorney do his job.
0 votes
mj Berni Gro…, Agent, Chino, CA
Tue Oct 12, 2010
I agree with Bill 100%. You attorney's advice is probably the best route to take. This is not something to take lightly. A last minute change of heart can cause you alot of hardship and damage. I would take your attorneys advice and sue, or force a closing. There is just too much to lose in your situation! Best of luck to you!
0 votes
Bill Eckler, Agent, Venice, FL
Mon Jun 14, 2010

This is a most unfortunate situation and the extent of your options have all ready been presented by your attorney and your agent.

1. take legal action

2. enforce the contract and force a closing

A last minute "change of heart" has created a serious hardship for you and your that is going to create additional stress, cost you additional money, and leave you without a place to live.

Since this is a situation created bu the seller, consider throwing it back into their lap. Explain that under the present circumstanced legal action is inevitable unless they can come up with an acceptable solution. As it stands now, you appear to be doing all of the worrying...don't you think this should be shared?

Ask them to present a fair and reasonable solution to a shared problem...

Good luck,

0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Jun 14, 2010
You have no option but to follow your attorney's advice--as for the many questions--ask your attorney, he/she is best qualified for all legal answers/options--you really need to consult with your attorney--depending on the contract the sellers could have no choice but to sell.
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