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Updated over 6 years ago on . Most recent reply

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Mike Dorneman
  • Rental Property Investor
  • Drums, PA
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Private sale- Sales Agreements. Preventing being back-doored?

Mike Dorneman
  • Rental Property Investor
  • Drums, PA
Posted
For Sale by owner, Sales Agreements. I’m curious to learn what clauses or protections others builds into their sales agreements to ensure (or allow for legal action) if a private seller sells their property to someone else / backs out of your deal once already under contract. Fortunately this has never happened to me and the last 6 properties I bought were from private sellers without a real estate agent or attorney, however It could and likely will happen at some point... I’m in PA and private sales are permitted, I do however have a title insurance company facilitate the closing for us. Thanks

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Chris K.
  • Attorney
  • Nashville, TN
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Chris K.
  • Attorney
  • Nashville, TN
Replied

@Mike Dorneman

I typically do specific performance + attorney's fees. If you really want, I suppose you could record a memorandum of the sales agreement in the recorder of deeds so it gets flagged during title searches. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

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