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Updated about 10 years ago on . Most recent reply

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Nat C.
  • Investor
  • Miami, FL
473
Votes |
807
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Months of work a thousands of dollars down the drain

Nat C.
  • Investor
  • Miami, FL
Posted

In December 2014 I signed a contract to purchase real estate from 2 people with a closing date of 21 December.

Just before signing the closing statement, one of the sellers was hit by a car and ended up in hospital. 

Then the attorney handling the closing went on Christmas vacation. Upon return I told her we urgently needed to close the sale. I had already paid for materials and labor to start the renovations, anticipating this would be happening end of December.

The attorney was so slow to do everything and said we needed to clear title before closing. She was referring to a building violation on the property. I told her I would be buying the building as is and taking responsibility of the violation. I asked her several times to urgently arrange the signing of the closing statement with the sellers. She told me she couldn't as she didn't have their phone number. I was getting very frustrated and anxious by this stage as I knew I was getting a very sweet deal and was worried the sellers could back out.

Then an attorney on the  sellers end popped up, who was representing him in in the car accident incident.

Today I received an email from the sellers attorney that they are cancelling the contract, citing that its null and void as its past the closing date. I believe that legally they are correct and within their rights and there is nothing I can do.

Its a major financial loss, not to mention months of work. Nothing I can do, right?

Most Popular Reply

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Joel Owens
  • Real Estate Broker
  • Canton, GA
11,259
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Joel Owens
  • Real Estate Broker
  • Canton, GA
ModeratorReplied

"Just before signing the closing statement, one of the sellers was hit by a car and ended up in hospital."

Do you have actual proof of this??

Sounds like you just got played.

Does the contract have anything about a "good faith dealings" clause??

At this point you need to quit doing things yourself as the hole is being dug bigger and bigger.

Take all documents to an attorney. Even better is to call and send ahead of your appointment in .pdf format to them. This way when you get there to the appointment there will be talking points and a flow to the meeting. The attorney will have already reviewed and then can discuss more in detail.

Might spend a few hundred or the attorney might take pity on you and not charge as a good faith thing.

No legal advice.     

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