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Updated almost 4 years ago on . Most recent reply

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Anthony Nieves
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13
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Owner wanting out of our contract in escrow with my 1k down

Anthony Nieves
Posted

Hello folks thanks for this platform being available . I got my first property under contract, already getting approval from underwriting with a hard loan. I planned to keep it for a possible lease option future flip. The owner is now reneging and refuses to sell (I found out he got a better offer from a back stabber lender/realtor I went to for a conventional loan). I am about to go to the court house and file a memorandum for refusal to sell. Any good advice out there on how to move forward with inexpensive legal fees? Or any good lawyers out there willing to help the a "boo" letter?

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10,291
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Andrew Syrios
  • Residential Real Estate Investor
  • Kansas City, MO
4,978
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10,291
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Andrew Syrios
  • Residential Real Estate Investor
  • Kansas City, MO
ModeratorReplied

Yeah, sellers who are under contract don't get to "back out." I think the big thing is to basically make it clear you aren't going to let him weasel out. Tell him that you intend to sue for specific performance and will demand payment for all of your legal fees. (And maybe you can throw something punitive in there, but talk to a lawyer about that). I would talk to your attorney quick. A letter from a lawyer will likely set the seller straight. 

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