Expert: Dottie Worthington - 9/20/2008

Question
I am selling my home in Caddo Mills Texas. I have a signed contract from a buyer. We signed the final contract after several different negotiations August 27th. The original one was dated the end of July. We have found another house, and have a contract on it. The buyer of my house has written, me, her inspector, and the Title company checks on a closed account. She has made mine good, but she keeps promising the title company the money is coming. It has not so far. I do not know if this is some elaborate scam, as this lady is a paralegal. Our closing was supposed to be this coming wednesday, and we are already packed, as the people that I bought their house are already packed. What are my rights on this deal, and what do you think of this situation. I am losing sleep, and my kids are tormented by all this mess. Please give me some advice what I should do. Could this be a scam just to get her kids into a well known A plus school district? Please help me. I have spent 850 on engineer reports that my buyer wanted,  and inspection on my new house. I have spent all this time and money and the buyer keeps stringing me along.

Answer
First question, did you have a REALTOR? 2nd question, is your contract on the home you are buying contingent? When is the closing date on the home you live in? Sounds like you are past that? There are a lot of questions I would need answered to be able to advise you, sounds like you need an attorney at this point. She doesn't have to make the earnest money check to the Title company good if she is going to close on Wednesday, it is still a binding contract. What does she say? Is she closing on Wednesday? Where is her money coming from? Can she verify that Monday morning?
Try to not get upset and treat this as a business deal when talking to her. But document everything.  Good luck.