Skip to content
×
PRO Members Get
Full Access
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
10+ investment analysis calculators
$1,000+/yr savings on landlord software
Lawyer-reviewed lease forms (annual only)
Unlimited access to the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Followed Discussions Followed Categories Followed People Followed Locations
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 8 months ago on . Most recent reply

User Stats

20
Posts
12
Votes
Kristin Solbach
12
Votes |
20
Posts

demand to go ahead with purchase after terminating purchase contract

Kristin Solbach
Posted

Well this is unexpected. We terminated a contract for a property in Idaho Falls two days ago because of too many red (illegal) flags and things that came up during the appraisal. The seller never signed the termination and instead we now got a letter from their attorney giving us the following options: They’ve laid out three possible courses of action:

  1. Specific Performance – Forcing our LLC to complete the purchase.
  2. Monetary Damages – If they sell to someone else at a lower price, they could claim the difference and legal fees.
  3. Earnest Money Forfeiture – they’re keeping the $1,000 (which we instructed Title to do anyway)
  4. Closing date is set to tomorrow (it was a 3 weeks closing) and title still has it on their schedule. Does anyone have any advice and/or an attorney in Idaho for me that could help? 

  5. Thanks a million, Kristin

Most Popular Reply

User Stats

20,044
Posts
17,632
Votes
Chris Seveney
  • Investor
  • Virginia
17,632
Votes |
20,044
Posts
Chris Seveney
  • Investor
  • Virginia
ModeratorReplied
Quote from @Kristin Solbach:

Well this is unexpected. We terminated a contract for a property in Idaho Falls two days ago because of too many red (illegal) flags and things that came up during the appraisal. The seller never signed the termination and instead we now got a letter from their attorney giving us the following options: They’ve laid out three possible courses of action:

  1. Specific Performance – Forcing our LLC to complete the purchase.
  2. Monetary Damages – If they sell to someone else at a lower price, they could claim the difference and legal fees.
  3. Earnest Money Forfeiture – they’re keeping the $1,000 (which we instructed Title to do anyway)
  4. Closing date is set to tomorrow (it was a 3 weeks closing) and title still has it on their schedule. Does anyone have any advice and/or an attorney in Idaho for me that could help? 

  5. Thanks a million, Kristin

 What are "too many red flags" and "what things" came up during appraisal?

What contingencies did you have in the purchase and sale agreement. It sounds off the cuff they have a legit case against you for walking away, but typically that recourse is the deposit you put down which they keep the $1k and cannot go after you for anything else - but the contract would dictate the EMD was sole and only remedy.

  • Chris Seveney
business profile image
7e investments
5.0 stars
2 Reviews

Loading replies...