QUESTION

Breach of Real Estate Contract - Specific Performance

Asked on Jan 01st, 2014 on Breach of Contract - Ohio
More details to this question:
Can a seller sue for Specific Performance if a cash buyer backs and could not produce proof of funds? Seller signed notice of termination, but buyer's signatures were made invalid since comments were added by listing agent regarding seller wanted to keep earnest monies. Seller did make property active in MLS with an invalid notice of termination that buyer initiated. Buyer also did not send back a Post Inspection Addendum.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm not sure I understand all of the circumstances here, and whether there was a breach of the contract or who breached.  In any event, however, even if the buyer breached the contract, it is very unlikely that a seller would be awarded specific performance because any injuries the seller suffered can be redressed by money damages.
Answered on Jan 02nd, 2014 at 12:16 PM

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