Can Seller Back Out or Can I Force a Close with a Judge?

[Aaron H.]

I met with a seller last weekend. I put two of her houses on contract, on two separate contracts. I sent the paperwork as well as the earnest money deposits for both properties to the title company set to close on June 1st.

However, I don't think I will move forward with one of the properties but I would like to purchase the other for myself. So I am planning to tell the title company that I am no longer going forward with the first property but I would like to keep moving forward with the second.

I am afraid that if I pull out of the first property though, the seller will back out of the second property. In the contract we used, it does state that "If seller defaults, buyer may pursue all remedies allowed by law and seller agrees to be responsible for all costs incurred by buyer as a result of seller's default." Also, there are no clauses or contingencies as to having to buy both properties for the deal to go through.

Since it is a legally-binding contract, can she back out or what can be done to ensure that she will close on the deal? And if she does default, is it possible to take this to court and have a judge force the closing?

[Reed Starkey]

I am struggling with the ethical part of this question more than the original question.  You are so worried about forcing her to close, but what about her forcing you to close?  If you are past all of your due diligence, than why would you back out of the deal?

Money follows good business practices.