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Updated about 16 years ago on . Most recent reply
![Mark Kenneth's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/19966/1621360693-avatar-mosiman.jpg?twic=v1/output=image/cover=128x128&v=2)
Specific Performance- Buyer Backing out
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
![Scott Hubbard's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/22377/1621361847-avatar-bokman.jpg?twic=v1/output=image/cover=128x128&v=2)
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.