All Forum Posts by: Bob McCausland

@Bob McCausland My point was you need to take certain action to preserve a right to pursue specific performance. You'll want to consult with a local real estate litigator, but my bet is if you didn't show up at closing and tender funds to the settlement agent, you may not be successful because you let the contract expire. A demand letter from an attorney should have been sent before that occurred but who knows, maybe if sent now the seller will feel pressure and come around.

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Seattle, Washington

Quote from @Bob McCausland:

Thank you and I understand. For clarification, nothing was added or requested after the initial P&S. Terms were simple-proof of utilities (by the seller), connect the city water, and clear out their contents. Water is connected through the neighbors house meter. Septic- they could not locate the tank or Drain field.

and then..they relisted at a higher price

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Seattle, Washington

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Seattle, Washington

I am not willing to cave and re-up with the latest listing- the seller conditions were clearing all contents and confirming utilities were legal and in working order- water, septic, power.

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Seattle, Washington

Thank you Tom- Title and Escrow (a national company) was kept in the loop, informed and understood the seller did not do their part- they agreed with this- said they will keep the file open. They still have my Ernest money- but also it’s clear we are expired at this point.

It cannot be legal for a seller to ‘change their mind’, not perform, then relist at terms benefiting them…. If allowed, it would be done regularly in an increasing market.

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Seattle, Washington

Quote from @Bob McCausland:

Quote from @Tom Gimer:

These things depend upon precise contract language. Did the settlement date come and go without tender or a demand and was time of the essence? It's possible this ship has sailed.

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Seattle, Washington

Quote from @Bob McCausland:

Quote from @Tom Gimer:

These things depend upon precise contract language. Did the settlement date come and go without tender or a demand and was time of the essence? It's possible this ship has sailed.

0 Votes

Seattle, Washington

Quote from @Tom Gimer:

These things depend upon precise contract language. Did the settlement date come and go without tender or a demand and was time of the essence? It's possible this ship has sailed.

0 Votes

Seattle, Washington