Asked by Yvonne, Canastota, NY • Sat May 24, 2008
i entered into a contract on 4/14 with a contingency for the sale of my home. The sellers got a better offer on 5/1 and activated the recall clause. I had 480 hours to find a buyer, til 5/21. I removed the contingency within on the last day. The only contingency to my contract was for a home inspection. That was waived the next day. all the paperwork was faxed to the sellers attorney. They are now saying they "may" not honor the contract because they doubt that they I have the ability to close. I have already provided a pre-approval letter for financing and will have the balance of the purchase price from the proceeds of my house. I also provided my buyers pre-approval. The contract gives me 2 weeks after the contingency is waived to provide proof of financing, a commitment letter. Can I file a lis pendens lawsuit and force them to sell to me, specific performance. If I do, do I have a good chance of prevailing. Thank you.
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