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Updated about 3 years ago,

User Stats

31
Posts
7
Votes
Neel P.
  • Real Estate Investor
  • Los Angeles, CA
7
Votes |
31
Posts

Seller won't sign Cancellation. He re-listed unit. What can I do?

Neel P.
  • Real Estate Investor
  • Los Angeles, CA
Posted

I was under contract on a duplex in Missouri and the financing fell through.

Its within the 45 day Loan Termination Deadline period, and the sellers agent was made aware.

Long story short - the seller got mad and is refusing the sign the Notice of Cancellation. The deal date is long gone now (Nov 19th). I had a lawyer send a demand letter to the seller's broker to say that he needs to sign the Notice of Cancellation, but nothing has resulted from that.

The seller has since then gotten a new broker, relisted the property, and it's now currently under contract.

I'm not able to get my EMD back unless he signs the Notice of Cancellation.

I emailed the new broker today that her client is in violation of my contract and thus I can technically due for damages, and ask her to relay this to her client so he can sign the Notice of Cancellation and we can move on.

What else can I do?

Is he even allowed to relist his property without cancelling my contract officially? Is there anything I can do to block his new deal until he cancels my contract?

Thank you

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