Seller breached the contract already. Property is USA but the seller in Mexico. Can i still raise a specific performance.?

Asked by Dream2buy, 78249 Wed Jun 2, 2010

We signed the deal. We met all the requirements. Except that the seller didnot sign. Property is in Texas, USA. But the seller is in Mexico. Can i file a law suit against the seller for Specific performance and emotional issues that we underwent. We are on month to month lease and this month they have already leased out apartment since we thought the new house will close by last month end. We will really be greatful if you have come across such a case.

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Travis Wagner, Agent, San Antonio Fair Oaks Ranch Boerne, TX
Wed Jun 23, 2010
Talk to your lawyer, I (personally) most likely wouldn't bother with the trouble.
0 votes
Jim Johnson, , 78233
Fri Jun 11, 2010
Do you have a buyer's agent representing you? If not, you should find a good one. Your agent would at least be able to tell you that you need legal advice, not real estate advice.

Good luck with that if the seller did not sign and enter into a contract with you.
0 votes
Doc & Ellen…, Agent, San Antonio, TX
Thu Jun 3, 2010
Hi, Dream,

That's a tough situation, and you may a have a fine case. Depending on which contract form you used, the remedies for default are probably spelled out in detail. You may also have a claim for lost Tax Credit if that applies to your situation. REALTORS can't practice law without a license, so we can only provide general information. You will probably need a lawyer who is willing to sue in Federal court (since the plaintiff will be a foreign national).

Claims where acting in bad faith is involved are really interesting in Texas, because of the Texas Deceptive Trade Practices Act. See: http://www.texasbar.com/Content/ContentGroups/Public_Informa…

That may make your case even more interesting to an attorney, because the damages are tripled. We know several good ones, if you need a reference.

Good luck,

Doc
Web Reference:  http://TellEllen.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Wed Jun 2, 2010
Consult with an attorney who specializes in real estate and have all related paperwork reviewed sooner rather than later--and see exactly what options you may have--most professionals do offer a free consultation.
0 votes
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