QUESTION

What happens is a vendor backs out of an accepted real estate deal?

Asked on Oct 27th, 2013 on Breach of Contract - Arizona
More details to this question:
I have an accepted deal on a house and the vendor keeps pushing back closing and now will not do anything to close the deal. How would I go about gaining title? What is the process of suing for title?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
By accepted deal, I assume you mean a signed contract.  An agreement to sell real estate normally must be in writing to be enforceabel.  Assuming you have a written contract, you would sue the seller for breach of contract and seek the remedy of specific performance of the contract.  However, delaying the closing is normally not considered a breach until and unless one or the other side has made time of the essence for closing.  Have you done so yet?
Answered on Oct 28th, 2013 at 12:02 PM

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