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Updated almost 8 years ago,

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Joe DeNardis
  • Pittsburgh, PA
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Land contract question - peculiar situation

Joe DeNardis
  • Pittsburgh, PA
Posted

I have a situation concerning land contract.

The buyer paid everything except for $2,000.  We agreed verbally to settle the $2,000 at closing. The initial closing was not established since a lien had been noted by the lawyer for seller  (unknown by anyone from 30 years ago). This took time for the seller attorney to research - several months. Was finally found out that there was actually no lien at all. Seller then after 7 months said all was ready to close.  Buyer was informed six months ago.  Many attempts have been made to have buyer close, but he did not respond.  Buyer indicates he does not have the closing cost money. Buyer has threated to sue for his money back indicating he was ready to close initially but seller was not ready indicating he had a buyer in the wings waiting to buy.  Seller attorney does not agree the buyer has any type of case and is only continuing to stall.  Certain facts to be noted.  At time of initial closing when seller attorney was looking to sort the deed for any liens, the property was not fully paid for (still owing $2,000) even though buyer and seller knew the amount would be due at closing. So, in essence the property was not fully paid at that point, so does this mean buyer could not have legally have made an agreement to sell since he in fact did not fully own the property sell ? Buyer was supposedly ready and seller was not  - so does this entitle buyer to get his money back if buyer does in fact try to sue. 

Not that the seller did not "want to close".  Seller attorney was only trying to research the title.

What is the opinion of anyone.  Does buyer have a case to get a return on his money ?

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