Expert: liznarr - 3/28/2010

Question
While trying to buy a home, we didn't accept the closing date but our attorney did for us sending the ok, letter to the seller's attorney, any way I asked to our attorney advice about to cancel the contract because of this main issue and He did it. After 5 months the seller sue for damage! What should I do? Should I use same layer as before? by the way, they are kind of friends.

Answer
Hi Jhon,

I apologize for the delay in responding.  I am in the middle of a physical house move, and my Internet has been down for several days.

Without having seen your Contract of Sale, I can only give you general advice.  If your attorney accepted “other than” a closing date specified in your Contract of Sale without your specific permission in writing or by a Power of Attorney executed by you, I would question this to the hilt.  Only a PARTY to the Contract of Sale, or someone with a specific or general Power of Attorney, should be able to make changes to a Contract of Sale.

As to the issue of you canceling your Contract, again, I have not seen your Contract and cannot answer this without knowing all the facts.

To cancel a Contract of Sale, either all parties have to agree in writing to cancel, or … one of the parties can refuse to close because of a breach on the part of the other party.  Your contract should spell out what rights a purchaser or seller has in the event of a breach.  A breach would be not living up to one or more of the terms of the Contract of Sale.

When your attorney canceled your Contract at your request, he/she should have advised you at that time whether or not you (or the Seller) were in violation of any of the terms of the Contract and what the possible consequences could be.

Bottom line:  If this lawyer is friends with the Seller, I would strongly suggest finding another lawyer to represent you.  If you have been served with legal papers, you have a deadline to respond.  Please address this before the deadline has passed, or you will be considered to be in default and the seller may get all he/she is asking for.

I hope the above answers your questions.  If not, feel free to write again.  Good luck to you.

Regards,
Elizabeth