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Updated about 9 years ago on . Most recent reply
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Suits for Specific Performance
Can I sue a buyer who signed a purchase agreement. ?...Buyer paid Earnest Money, and he refuses to perform on Agreement, and now wants his Earnest Money Back.
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You can file suit, but you will be wasting your time. Think about it for half a second: do you really expect to obtain a court order compelling someone to buy a property they don't wish to buy? Typically, earnest money is considered liquidated damages in these situations. Move on. Find a new buyer.
Alternatively, suits for specific performance compelling someone to SELL their property can be successful.
The theory is that there're many buyers for a given property, but there may be only one "dream home" for a buyer. Hence you won't get a judge to order a purchase, but you may get a judge to order a sale.