Expert: Dick Dennis - 6/2/2010

Question
Good morning,

My wife and I sold our townhouse last month. After a successful inspection, the purchaser signed the purchase of sale. Last week she requested access to the property to investigate the building of a pool in the backyard. The purchaser found out that there was an easement that would prevent her from building a pool. She decided not to close yesterday and requested the contract to be rescinded and her downpayment back. Can I go to court to force her to purchase the property? Do I have a valid case or should I return her down payment and rescind the contract?

Answer
If there was no reference to the buyer making the purchase subject to her being able to build a pool in the back yard, she doesn't have a leg to stand on, Jim. The buyer received a preliminary title report prior to closing this transaction, like most buyers do. She had the opportunity to read that prelim and check to make sure she could indeed build a pool.

However, be aware her attorney (if she got one) could probably find a reason or two to cancel the transaction and get the refund of any monies she put into the transaction.

Anyway, where is your real estate agent in all this? It is that agent's broker who should be protecting you from having to go through this mess. You're going to have to take her to court with a REAL ESTATE attorney to complete the transaction. My guess is that she got cold feet and looked for a way and then decided to back out of the deal. By the way, I have not heard of a townhouse development permitting a pool construction for the individual use of only one owner in that development. Her agent wasn't doing a professional job either. I do wish you well.

Dick Dennis
dixiedee13@aol.com