QUESTION
How do I maintain my legal right to damages for breach of contract on sale of my WV home?
Asked on Mar 24th, 2014 on Breach of Contract - West Virginia
More details to this question:
We had a valid sales contract on our WV home with 2 doctors. The buyers decided 4 hours before the home inspection that they did not want to purchase our home because they wanted to purchase a foreclosure on the next street over. Essentially they had 2 contracts to purchase the 2 homes. We decided not to let them out of the contract. They purchased the other home after they were notified that they were in breach of contract. Weather has been bad over the winter and our home has not sold. We were recently made aware that one of the doctors has lost his visa (they are from India) and the house they purchased is now for sale. Unsure at this point if they will go back to India or have to go back to Maine to reinstate the visa. What should we do now to make sure we can recover our damages from the breach before they leave town and the other house sells? How long will it take to stake a claim?
1 ANSWER
I don't understand why you have waited so long to commence a lawsuit, but you should not wait any longer. Start your lawsuit. If you have good reason to believe that the doctors are about to leave the jurisdiction and take their assets with them, you may be able to make a motion and get the Court to grant you some interim relief to protect you, such as providing that any proceeds from the sale of the doctors' home, after secured lenders (mortgagees) are paid off, be held in escrow pending the conclusion of your lawsuit.
Answered on Mar 25th, 2014 at 12:29 PM