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Updated over 1 year ago on . Most recent reply

Account Closed
  • Investor
  • New Hampshire
25
Votes |
54
Posts

Has anyone ever had to sue for specific performance when a seller won't sell?!

Account Closed
  • Investor
  • New Hampshire
Posted

I have a signed contract to purchase a property to fix and flip. The first week under contract the seller asks if I will pay $6,000 now and take it off the closing price to help get the tenants out of the property by the closing date. I said: NO!!!

About a week later my title company tells me that the seller's payoff amounts are about $20,000 higher than our contract price. The seller is saying he can't make up the difference and is looking into a short sale...or raising funds to make up the difference.

The bottom line here is this deal seems very unlikely to close. Should I look into legal options or just walk away from the deal?

This deal seemed to have a big profit margin but I don't want to waste more time dealing with it when it appears to be a situation where you can't get blood from a stone...the seller appears to be heading toward bankruptcy.

I'm leaning toward finding something else and walking away from the deal. 

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Bill B.#1 Real Estate Deal Analysis & Advice Contributor
  • Investor
  • Las Vegas, NV
9,502
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Bill B.#1 Real Estate Deal Analysis & Advice Contributor
  • Investor
  • Las Vegas, NV
Replied

You’re saying you’re not willing to only make $80k? If there’s a $100k profit and you can get the deal by paying an extra $20k, try to survive only making $80k. Or take the loss and move on if it’s not worth it for $80k. 

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