QUESTION

What are our chances of winning a real estate "breach of contract" case?

Asked on Nov 30th, 2014 on Breach of Contract - Nebraska
More details to this question:
We are being sued for breach of contract from a real estate contract. We had to back out on the day of closing because we had unexpected last minute farm expenses and didn't have the money to close. The home owners are suing on two counts: specific performance and breach of contract. What are our chances of winning this case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
From the little you've written, it sounds like you breached the contract.  However, that doesn't mean the seller will be awarded damages (they shouldn't get specific performance, since any harm they suffered can be fully redressed by money damages), which depends on whether the value of the property increased or decreased between the date the contract was signed and the date it was breached.  Obviously, if it increased, they lost nothing (other than perhaps some incidental expenses - attorneys' fees, interest on the money you should have paid them, etc.)  and presumably can sell the property for more money now, if they haven't already. 
Answered on Dec 01st, 2014 at 12:01 PM

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