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This seller screwed me over, what do I do?

Started by pawpcorn
over 10 years ago
Posts: 4
Member since: Jul 2012
Discussion about
Was about to close on this condo and 1 day later he decides not to sell it to me. We both agreed that I would buy this condo and that he would be willing to sell it to me. I signed a $200k deposit over, paid for the management fee, bought $80k worth of furniture and he told me he was moving out this week. I was planning on moving in a day after closing but then he decides to put the apartment off the market. Is there any legal action that I can take or penalties I can invoke on this dude? Or can I still get this apartment? What would you do?
Response by crescent22
over 10 years ago
Posts: 953
Member since: Apr 2008

You'll have to go through the motions of sending a time-is-of-essence letter; then when Seller doesn't do it, you have go ahead to sue for specific performance as remedy for defaulted contract. Better be sure you have a willing and capable lawyer and some deep pockets.

You can also see what the seller's agent thinks- if he responds, probably means he is afraid of being out the commission and might be willing to work with you on convincing seller otherwise. If he doesn't, might mean seller has another deal.

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Response by nyc_sport
over 10 years ago
Posts: 809
Member since: Jan 2009

I don't understand. Do you have a contract? Do you have a lawyer? Conditions to closing satisfied? A seller generally can't walk from a contract. A buyer usually can, and the remedy is limited to forfeiting the deposit.

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Response by jelj13
over 10 years ago
Posts: 821
Member since: Sep 2011

According to http://real-estate-law.freeadvice.com/real-estate-law/buy_sell_a_home/house_offer.htm:

" When the home seller is in contract with the home buyer and the seller is the one who for some reason does not want to close escrow on the property, the buyer can either agree to voluntarily cancel the contract, or may sue the buyer for specific performance. A specific performance action takes place when the buyer records a lis pendens (Latin for litigation pending) on the desired property to let all other interested people that there is litigation pending over the parcel. The buyer then sues the seller for an order by the court that obligates the seller to sell the property to the buyer at the agreed upon price in the written contract. "

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Response by flatsbridge
over 10 years ago
Posts: 36
Member since: Sep 2015

This sounds like a made up situation.

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Response by Bburg
over 10 years ago
Posts: 125
Member since: Mar 2015

Kind of like your perpetually made-up new names.

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Response by Flutistic
over 10 years ago
Posts: 516
Member since: Apr 2007

I would pour myself a nice glass of wine, turn on some nice music, and: Keep Calm and Let the LAWYER Handle It. Your English is a little broken so perhaps you are from another land? If you don't have an attorney involved for some crazy reason--unlikely if you can afford $80,000 in furnishings--then you need to get one. Then you can pour some wine.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

>Your English is a little broken so perhaps you are from another land?

Or s/he is from Brooklyn.

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Response by Bburg
over 10 years ago
Posts: 125
Member since: Mar 2015

Stupid.

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

yeah Bhurg, Brooklyn

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Response by alanhart
over 10 years ago
Posts: 12397
Member since: Feb 2007

What neighborhood is this in?

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Response by flatsbridge
over 10 years ago
Posts: 36
Member since: Sep 2015

I noticed that the Pope is only visiting locations in Manhattan. And JFK airport of course.

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Response by JJ2
over 10 years ago
Posts: 114
Member since: May 2014

Get the goons ready for some broken legs action

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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013

Is that some sort of ethnic joke?

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