Seller backing out of contract for higher offer after signing

[Kaleb Dodson]

Hi,

I have already posted this in a couple of places. I didn't realize there was any legal forums. BUT I have an update as well as a quick overview. 

RECAP:

     - Got contract signed with seller

     - nearly 24 hours later, seller wants to back out of deal due to receiving a higher offer

     - We tried remedying the situation and made it clear that it would be a breach in the contract if she signed and closed with someone else and due to our BREACH contingency, we would be owed 10% of the purchase price that we agreed to. 

     - Seller played dumb and basically told us "sorry, but I'm going to close with them through quick deed."

Overall, this has been extremely frustrating. We want to file a lien on the property for the amount we are owed (as the signing of the contract plainly states and seller signed it)

Would filing a lien be worth it (and how much would that cost?)

Or what would be the best course of action? We are halting any more of our own time and energy into this deal because we believe she is going with someone else. 

 

[Tom Gimer]

You can't just file a lien against the property. You could sue and get a money judgment which actually would become a lien against the property, but you don't have time.

Me? I would hire an attorney to send the seller a letter advising that you intend to enforce your contract (provided it is enforceable) and also file a memorandum of interest in the land records clouding the title based upon the seller's anticipatory breach. Presumably buyer2's title company (unless buyer2 is dumb enough to take a quitclaim deed and pay MORE than you are paying) would discover the memo and they would not be able to settle. Good luck.