QUESTION

Can we ask seller who breached contract to pay all legal fees and expenses if buyer wins the case?

Asked on Jul 16th, 2017 on Residential Real Estate - New York
More details to this question:
We signed contracts since November 2016, was told at that time this new construction was almost complete and set date to close in February 2017. After numerous inspection failures, seller who is also the builder now refuses to sell after 8 months, saying he is sick of the town of north Hempstead, Nassau county in Long Island and he will even move in even house has no CO. All these times, seller refuses to meet with buyer to discuss any issues. Finally we obtained failure lists from town which seller/builder repeatedly refuses to give when asked. We consulted with engineer, a city housing inspector and was told that those issues were easy to resolve. We suspected seller gets better deal and want to sell to someone. His attorney ignored our attorney's request for answers many times. Our contract stated unless if buyer can't get bank loan, both must sell/buy. If we use specific performance to make seller complete house and ask seller to pay for related fees and court fees?thanks
Report Abuse

2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
It depends on what your contract says.  Ultimately, you may need to bring a specific performance action.  You can ask for fees but may not get them.
Answered on Jul 23rd, 2017 at 12:07 PM

Report Abuse
Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
The only way to answer your question is to review the contract. Unlike most other legal matters, in actions for breach of contract the prevailing party is usually able to recover legal fees and possibly costs, because those are standard clauses in most contracts. Since you already have an attorney, if you are looking for a "reality check" on whether your legal matter is proceeding as it should, if the matter is already in litigation, any documents filed in court should also be reviewed in addition to the contract. 
Answered on Jul 17th, 2017 at 7:29 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters