Suiing the seller

[Sam Dal]

Folks

My seller isn't acting in good faith on this SFM property in a NYC borough I'm trying to buy. There is a provision in the title where she can cancel contract if it's over $500 and it's about $5000 but I've agreed to pay for all these costs. Also, the seller or his attorney has not called out on this provision to cancel (they are incompetent enough to not know off it is my guess) but have simply stopped responding to us and keep saying 'not acceptable' in their emails

My attorney thinks I can sue for them not acting in good faith but isn't sure about the length or the cost of such a lawsuit. Is there a basic lawsuit I can file to establish a lien on her house or should I sue her to bring her to court and force her to sell the house? What are the approximate costs to start the process and what sort of total costs would I be looking at? If it's too large, I may not go ahead with this as I deem my chances to be 50/50

Thanks

[Oren K.]

Sam,

Usual disclaimer regarding that I am NOT a lawyer.

Firstly, I do not think you can get a Lien on the house (see definition below). From what you have explained, she does not 'owe' you money. You may be able to register the law suit on title which would prevent her from selling to anyone else (effectively the same thing); your lawyer should be able to advise you on this and as noted earlier, if he can't, find another lawyer.

Secondly, if you try to sue her, you will be suing for what is called 'specific performance'. This is not something for small claims court but rather a full blown law suit that will cost thousands and likely years at best if you intend to really pursue it. An alternative is to get them to agree to mediation / arbitration but it sounds like she just doesn't want to sell anymore.

The language in the paragraph you copied basically makes repair of any 'violations' a condition of the sale and contemplates three options;

1) The seller repairs violations

2) The contract is canceled with refund of deposit and specific expenses

3) Contract if fulfilled with a $500 abatement in price for non-repaired violations (I assume you sent the requisite notice for this option)

From what little I know, specific performance is difficult to win. Having said that, the language of the contract is fairly clear.

Just my 1 1/2 cents.

noun: lien; plural noun: liens

1. a right to keep possession of property belonging to another person until a debt owed by that person is discharged.