Expert: liznarr - 7/2/2009

Question
Hi Liz,

My Fiance & I are purchasing a home.  I can assure you all of the conditions in our Agreement of Sale have been met.  We are purchasing a home in Delaware County, Pennsylvania.  The seller is now trying to back out of the agreement, 2 weeks prior to the sale.  She states undisclosed personal reasons as her justification.  Is this legal?  I plan to sue her if she breaches the contract, which she already has (she did not file for the Use & Occupancy inspection that is required 15 days prior to the date of closing.)

Any help would be greatly appreciated.

Thanks,

Tom

Answer
Hi Tom,

Sorry to hear your Seller is trying to renege on your Contract of Sale.

A properly-executed Contract of Sale to purchase real property is a legally-binding document. Neither party can simply “walk away” without legal cause or the consent of the other party without potentially serious consequences … depending on whether or not the “other” party decides to pursue any breach.

Read your Contract and look for a default clause.  The default paragraph should spell out your remedies in the event of Seller default.  Most contracts state that you can sue for specific performance (meaning, to force the sale of the house), or that you can recover all your damages.

If your Contract has similar language, I would suggest contacting a good attorney ASAP.  Once this woman realizes you are serious and will go forward with a lawsuit, possibly that will be enough to change her mind and bring her back to reality.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth