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Updated about 16 years ago on . Most recent reply

User Stats

33
Posts
2
Votes
Mark Kenneth
  • Alabama
2
Votes |
33
Posts

Specific Performance- Buyer Backing out

Mark Kenneth
  • Alabama
Posted

Hey Guys !!! Less than a week to go on my short sale , Buyer seems to be backing out. He's out of pocket of at least 6 grand. 1000 deposit, appraisal,title work, lawyer fees and a huge extension fee the bank made us pay.
Not sure how this works with a planned double closing. I only had equitable title with the seller. We had two contracts with buyer. One from me. An one from my seller in case because we ran into seasoning issues .
He's tied me up for a month where I turned down 7 other offers. Now , I might have to try to get another extension from the bank. Dont think they will grant this one. Lost profit of close to 70 grand and a family being foreclosed on house which they;ve lived for over 50 years. Does anyone think there is a case of pursuing "specific performance".

Thanks guys

Most Popular Reply

User Stats

1,018
Posts
801
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Scott Hubbard
  • Rehabber
  • Tucson, AZ
801
Votes |
1,018
Posts
Scott Hubbard
  • Rehabber
  • Tucson, AZ
Replied

It is a shame. Your Earnest money was only $1000.00? That's crazy!! I get 3% minimum!!

Your not going to effect performance on your contract because doing so will not help your homeowner or yourself to get a sale. No court or attorney will force someone to purchase a home. If your contract calls for liquidated damages, you could sue for non-performance, but again, it is not worthwhile.

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