You need to have a lawyer go through the contract, any amendments, the correspondence and emails, and the facts. Most real estate contract are long, with lots of conditions and deadlines. Sometimes a knowledgeable real estate lawyer may spot a defect or loophole. However, a court might not consider a minor breach to be sufficiently significant to justify forfeiting the buyer's right to buy the house. Courts often refuse to enforce a breach which is not material. Most real estate contracts include an attorney fees provision. So if you lose, you not only have paid your own attorney, but you're going to reimburse the other side for their legal fees. Double-or-nothing.
These cases are always complicated. You should see a lawyer.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Mar 07th, 2017 at 9:45 AM