Should I sure for specific performance?
Matthew OrrPro Member
Rental Property Investor · NJ · Member since 2024 · 7 posts · 0 votesShould I sure for specific performance?
Most Popular Reply
Accountant · Accepting new clients from anywhere in the USA · Member since 2025 · 37 posts · 19 votes
1yI do not know that if someone is in the hospital you can force them to close, I am not an attorney, but I doubt any court will find in your favor, closings do not always happen exactly on the day that is planned, even if everyone is healthy and well, the wholesaler here is not the reason for the delay so I am not sure what exactly you can sue him/her for, they are also being held up due to the seller not being well
Just give the person some time to get out of the hospital, closing will probably not happen the very next day either, this is really extenuating circumstance.
9 Replies
- Accountant · Accepting new clients from anywhere in the USA · Member since 2025 · 37 posts · 19 votes1y
I do not know that if someone is in the hospital you can force them to close, I am not an attorney, but I doubt any court will find in your favor, closings do not always happen exactly on the day that is planned, even if everyone is healthy and well, the wholesaler here is not the reason for the delay so I am not sure what exactly you can sue him/her for, they are also being held up due to the seller not being well
Just give the person some time to get out of the hospital, closing will probably not happen the very next day either, this is really extenuating circumstance.
- Rental Property Investor · NJ · Member since 2024 · 7 posts · 0 votes1y
Yeah, I agree with that. My concern is that the wholesale contract expires on Monday as well and that they are saying this to get out of their contract.
- Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes1y
Quote from @Matthew Orr:
I am currently under contract with a wholesale deal that was to close on Monday. The property is being purchased at 103 with an ARV of 375. The wholesale deal is at 81.5. Everything on my side was set to close, and then today the seller is refusing to close on Monday as they have not moved a few pieces of furniture they were supposed to get movers for. This was also not mentioned until today. After I was informed this, I pushed the wholesaler hard as their was no contingencies and I was pushed for a 10 day close. Now the seller has been admitted into the hospital as of this afternoon and is not answering the wholesaler. He was able to talk to the sister who has conveyed this information and is claiming to talk to her sister tomorrow. Additionally, the contract with the wholesaler is set to expire on Monday the 27th. Should I file suit to make them sell the property? Also, am I able to do this, or does it need to be done by the wholesaler?
Are under contract with the wholesaler and they are under contract with the seller?
If so, you cannot sue the owner of the property as you have NO agreement with them. Your agreement is with the wholesaler. You can only sue the wholesaler. Why is the wholesaler not giving you an extension? Seems sketchy on the wholesaler if anyone in this deal.
7e investments53 Reviews I’m going to disagree with @Chris Seveney and say whether an assignee could force a sale directly would be a state law issue and heavily dependent upon the contract terms.
Seller financing? Hell no. Cash deal with an express assignability provision? I will lean yes.
Gimer Law516 Reviews- Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes1y.
Quote from @Matthew Orr:
I am currently under contract with a wholesale deal that was to close on Monday. The property is being purchased at 103 with an ARV of 375. The wholesale deal is at 81.5. Everything on my side was set to close, and then today the seller is refusing to close on Monday as they have not moved a few pieces of furniture they were supposed to get movers for. This was also not mentioned until today. After I was informed this, I pushed the wholesaler hard as their was no contingencies and I was pushed for a 10 day close. Now the seller has been admitted into the hospital as of this afternoon and is not answering the wholesaler. He was able to talk to the sister who has conveyed this information and is claiming to talk to her sister tomorrow. Additionally, the contract with the wholesaler is set to expire on Monday the 27th. Should I file suit to make them sell the property? Also, am I able to do this, or does it need to be done by the wholesaler?
Some 'ting fishy and smell of foul odor.
ARV of $375,000 and
buying for $103,000? and
wholesale for $81,500?
Sounds like maybe equity skimming?
from someone in a hospital?
Sounds like maybe "vulnerable person"?Can't say for sure, but I'd be careful. Perhaps check with a local attorney before proceeding.
- Rental Property Investor · NJ · Member since 2024 · 7 posts · 0 votes1yI realise I left some stuff out in the beginning, but the whole situation in general is just pretty wild. The sale is a probate sale to settle an estate. The executor of the estate has become ill the day before closing. The ARV is at 375 after putting in an additional full bath and 150k.
Quote from @Ken M.:
.Quote from @Matthew Orr:
I am currently under contract with a wholesale deal that was to close on Monday. The property is being purchased at 103 with an ARV of 375. The wholesale deal is at 81.5. Everything on my side was set to close, and then today the seller is refusing to close on Monday as they have not moved a few pieces of furniture they were supposed to get movers for. This was also not mentioned until today. After I was informed this, I pushed the wholesaler hard as their was no contingencies and I was pushed for a 10 day close. Now the seller has been admitted into the hospital as of this afternoon and is not answering the wholesaler. He was able to talk to the sister who has conveyed this information and is claiming to talk to her sister tomorrow. Additionally, the contract with the wholesaler is set to expire on Monday the 27th. Should I file suit to make them sell the property? Also, am I able to do this, or does it need to be done by the wholesaler?
Some 'ting fishy and smell of foul odor.
ARV of $375,000 and
buying for $103,000? and
wholesale for $81,500?
Sounds like maybe equity skimming?
from someone in a hospital?
Sounds like maybe "vulnerable person"?Can't say for sure, but I'd be careful. Perhaps check with a local attorney before proceeding.
The current price of the house is indeed valued at the 103k, but I have to admit I was shocked to see the price the wholesaler got as well.
I can’t comment on anything the wholesaler did to obtain the deal, that I’m not sure. After talking to an attorney there really is not much I can do.
Looks like it’s just a crazy circumstance that I have to just want to settle out. - Rental Property Investor · NJ · Member since 2024 · 7 posts · 0 votes1yYour correct. I’m under contract with wholesaler and their under contract with seller. I think it’s just crazy set of circumstances, but the wholesaler seems new to this and that he has gotten himself in over his head.
Quote from @Chris Seveney:
Quote from @Matthew Orr:
I am currently under contract with a wholesale deal that was to close on Monday. The property is being purchased at 103 with an ARV of 375. The wholesale deal is at 81.5. Everything on my side was set to close, and then today the seller is refusing to close on Monday as they have not moved a few pieces of furniture they were supposed to get movers for. This was also not mentioned until today. After I was informed this, I pushed the wholesaler hard as their was no contingencies and I was pushed for a 10 day close. Now the seller has been admitted into the hospital as of this afternoon and is not answering the wholesaler. He was able to talk to the sister who has conveyed this information and is claiming to talk to her sister tomorrow. Additionally, the contract with the wholesaler is set to expire on Monday the 27th. Should I file suit to make them sell the property? Also, am I able to do this, or does it need to be done by the wholesaler?
Are under contract with the wholesaler and they are under contract with the seller?
If so, you cannot sue the owner of the property as you have NO agreement with them. Your agreement is with the wholesaler. You can only sue the wholesaler. Why is the wholesaler not giving you an extension? Seems sketchy on the wholesaler if anyone in this deal.
- Rental Property Investor · NJ · Member since 2024 · 7 posts · 0 votes1yYeah it’s some crazy circumstances. They are settling an estate, and the executor of the estate state, who was the seller is the one who got ill. Now it sounds like they have gone into ICU and we have to wait to hear from their estate attorney to find out who can sign, POA, or what the process is going to be going forward.
Quote from @Havital Miltz:
I do not know that if someone is in the hospital you can force them to close, I am not an attorney, but I doubt any court will find in your favor, closings do not always happen exactly on the day that is planned, even if everyone is healthy and well, the wholesaler here is not the reason for the delay so I am not sure what exactly you can sue him/her for, they are also being held up due to the seller not being well
Just give the person some time to get out of the hospital, closing will probably not happen the very next day either, this is really extenuating circumstance.
Clearly I can’t sue someone that’s actually ill, I was questioning, but feel bad about that now. I’m just stuck in limbo now. - Accountant · Accepting new clients from anywhere in the USA · Member since 2025 · 37 posts · 19 votes1y
Sounds like a challenging situation all around
I would not cancel the deal, but if he dies and it goes to the estate and probate you may want to start looking for something else just in case...
Best of luck. ...
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