We are contracted with a seller who made it a contingency that the sale of her house was dependent on her purchasing a home from another seller. She found a home within the time guidelines she stipulated and moved forward to purchase this other home. Therefore, we moved forward to accomplish the purchase of her present home - ordered inspection, appraisal,etc. Her deal to buy another home fell thru, therefore, she is now not wanting to sell her home to us. She is willing to only reimburse us partially for the monies that we have spent in pursuit of her home purchase. She is not actively pursuing any other real estate purchase - she is just going to wait out the expiration date she set to void the contract. I'm out money and at present have no home to buy due to her actions. What legal means do I have to place a lien on her home - specifically to win back my money and/or keep her from selling her home to someone else?
The answer to your question will depend upon the exact language of the contract contingency and the surrounding facts. Also, the damages you may obtain are dependant upon the contract. If she is acting in bad faith then you may have some leverage to force the sell.
You should consult with an attorney so that the language can be analyzed and the facts can be discussed. I recommend you take action quickly and most attorney's will give you a free initial consultation to determine whether or not they can help you.
Good Luck!
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