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User Stats

7
Posts
2
Votes
Josh Kliethermes
  • Investor
  • St. Louis, MO
2
Votes |
7
Posts

Seller backing out

Josh Kliethermes
  • Investor
  • St. Louis, MO
Posted

I have closing scheduled one week from today, and today the seller is saying they are backing out of the deal.  I have a signed purchase agreement with the seller and have proof of being able to go through with the purchase on my end (financing good to go, title company set up, etc.).  

What are my courses of action here to get this deal to go through? Is suing for specific performance the way to go? 

User Stats

771
Posts
326
Votes
Wendy Patton
Professional Services
Pro Member
  • Specialist
  • Clarkston, MI
326
Votes |
771
Posts
Wendy Patton
Professional Services
Pro Member
  • Specialist
  • Clarkston, MI
Replied

@Josh Kliethermes most likely you either can try to retain the earnest money (emd) or you might be able to hire an attorney to sue for specific performance.  It depends on what your contract allows for ... and suing will take time and cost money.  I have done both multiple times over the years but suing is usually when there is no other way to settle or they have tried to back out multiple times..... or i have put a ton of work into getting it zoned a certain way or land split approvals, etc.... I hope that helps.  Read the part in your contract where it discusses "default"

  • Wendy Patton