Expert: Dottie Worthington - 8/31/2008

Question
We reside in TX. We decided not to sell our home to a buyer.  I was mislead i feel by the realtor as per my ability to get in to a new place.  my child and i don't have a place to go to and are out of money because of all the demands put on me by the buyer.  I have backed down from the sell and the realtor has been constantly harrassing me! I give the realtor the under $100 contract amount back but they said that they won't accept it.  the buyer is now suing me for the property value plus. can you help?  Can they force me and child to be on the streets?  has this ever happened in your years of experience?

Answer
I can't answer that question without knowing all the details, but you should be able to get out of the contract. Was it signed and at the Title Company? You should call the Title Company if it is and tell them you want to return the earnest money and or Option money and let them know you don't want to close. You may be responsible for any expenses the buyers incurred (survey, etc.)Sounds like you may need to have an attorney help you if they have filed suit. I have seen the buyers sue for specific performance before, it depends on the specifics of your contract. Do you have a REALTOR that is representing you?