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Suing for specific performance
Hello!
I am under contract for a multifamily since October 5th last year, a bit over 4 months as of writing this post. Before getting under contract and offering the asking price, the seller and her agent were telling me that certain repairs were about to be performed, repair of decks and replacement of back side of the roof. Given this information, I offered asking price. Since signing the contract not much has happened because the seller, as it turned out in mid December, didn't even have the drawings done let alone the permit. She claimed she had both in October. I have been paying my loan out of the pocket since early December and am already about $3,000 short just in interest I paid so far. The seller refuses to sell until she does the work herself and she also refuses to uphold all of the provisions of the contract. Deck was in disrepair so it must be rebuilt completely ($8,000) Hence she is refusing to replace the back side of the roof ($10,000). Meanwhile she is collecting rent. And I am at significant financial loss every month. I have engaged my real estate lawyer but things are not moving at all. I have offered an escrow account at one point so I can close on the deal but she doesn't want to recognize that she is still responsible for the roof replacement. At this point I am thinking to ask my lawyer to threaten with the specific performance lawsuit if she doesn't want to close in the first week of March. All communication was kept in writing so I have plenty to show that she indeed admitted that the roof replacement was part of negotiations but now simply doesn't want to do it. Also, since I am an able and willing buyer since November 6th when I had all the funds available, but closing was always delayed due to seller, do I have any recourse for having her pay me back the interest I paid between the original closing date (Nov 22nd) and the date when we actually close?