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?
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.
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.
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. "
This sounds like a made up situation.
Kind of like your perpetually made-up new names.
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.
>Your English is a little broken so perhaps you are from another land?
Or s/he is from Brooklyn.
Stupid.
yeah Bhurg, Brooklyn
What neighborhood is this in?
I noticed that the Pope is only visiting locations in Manhattan. And JFK airport of course.
Get the goons ready for some broken legs action
Is that some sort of ethnic joke?