Seller Wanting To Back Out Of Executed Contract.

[Account Closed]

Hi Guys,

So Seller and I came to an agreement on a price on a home. We both signed it and two hours later he calls me telling me he no longer wants to sell the house for that price and he wants more. Got legal advice and RE lawyer said we have a strong case, I am trying to avoid suing process as much as possible due to it being a long process. What is an alternative to do myself to get this deal going ? 

Tried calling seller a few times after he left me the voicemail that he no longer wanted to sell but no answer. Following day I showed up in person and he didnt even open the door, he talked to me from behind the window telling me he was not selling. I was actually there to try to renegotiate the price and try to come to an agreement, but he refused to talk and said he was going back to sleep. 

[Jay Hinrichs]

what your lawyer is telling you is you can sue for specific performance.

now while this is true.. then it comes down to facts and circumstances...

if the contact is a few hours old and you have given a token EM deposit.. there are no real damages  really becomes a choice of you ... spending a good chunk of dough on the lawyer and how the judge rules.

Now that all said I just successfully won a specific performance case but lets look at the facts.

Paid back tax's of 35k  and gave seller another 15k of course all in cash and so I  was relying on my purchase contract to the seller to come in and sign and we pay the rest of the purchase price at close.

Well Seller goes DARK won't communicate at all.. I am now out 50 large...and the money is not in escrow its gone.. released to the county to keep the home from being lost at tax sale and 15k to the seller so she would have some cash.

She won't answer the door period can never serve her this takes 9 months.. file an order with the judge for a default judgement.. Judge denies... says we now have to publish in the paper.. we do that cost a few grand and takes another 6 months to get an order of default into the judge Denied he wants to take it to Trial and give the seller their day in court.

so now we are 18 months into it and 10k or so... Our day in court comes .. She no shows and we finally get a order to force the seller to sign the deed to us within 60 days... More contact by my title company to come in and sign is ignored... We then talk to title company how are we going to get title if she wont' sign a deed.... Title co.. gives we verbage for a new court order that they will insure.. we go back infront of the judge again to amend the order he does so... that takes 60 days.. title company now wants seller to have another 60 days to appeal then they will close.

finally seller again does nothing then title company closes on the last order about 28 months from start to finish... But we are not done yet. 

Now we have to evict.. go to eviction court and she finally shows up and wants another delay we are nice and grant that... she then comes back and her and my lawyer negotiate 90 days for her to move.. She never moves now we have to get the sherrif.... and 45 days later sherrif shows up she is at work we change all the locks and lock it up and never hear form here again.. now its been almost 3 years.. however the property being in Portland Oregon in that amount of time probably went up 30 to 50%.... so moral of story.... 50k large out for 3 years.. time effort and attorney money and we won.

Now is it worth it to do that on the home you have in contract ??? maybe be.. did you give any significant amount of cash to the seller ( I suspect not)... you probably have an uphill battle.