Quote from @Account Closed:
Quote from @J Scott:
Even if you win a specific performance judgement, how do you expect to collect? The seller can't afford to pay off his mortgage, so the bank would be in line in front of you to collect anything that the seller had should you try to enforce the judgement.
The seller has a legal address on the contract that is worth around $1,000,000.
He is saying he is almost tapped out, at this point I don't believe much of what he says.
Plus if I don't enforce the contracts when people sign an agreement and break the agreement then I'm out the time and the $100,000+ Profit Margin. In his position I'd sell my car or take a small loan to avoid the foreclosure.
I've only sued for specific performance once -- I was the seller and the buyer didn't show up to closing.
Ultimately got the judgement, as well as my money. But, it took about 2 years, and I was out of pocket tens of thousands in legal costs during that time. And I only got the money because the seller's creditors agreed to pay me off in order to do a cash-for-keys deal. Otherwise, I likely still wouldn't have been paid.
In retrospect, it wasn't worth the time, effort, or headaches, despite nearly a six-figure collection.
Just my $.02...