All Forum Posts by: Yasin Yazdan Ahmed

I have done it 

it takes time and money for sure and the other party can appeal and if they get a stay then you have to wait long time better buy another house instead. 

I have done specific performance but my contract says so , so i was able to do it. But remember specific performance takes time better pay extra and overbid to take it instead of giving money to lawyers

@Michael B. 

I have done specific performance and currently in it i won the judgment and now the seller appeal to the court so waiting on the judge is in NYC area so , if you want my advice in specific performance it takes a lot of time, the time and attorney fees it will cost you better pay the Lady the money  and get her house if you like it or else you will have to spend money on attorney fees and time also 

@Henry Thomas  

NO you don't win damages if you are asking for specific performance you will get litigating to get the home not damages you cannot have both you can have either one of them as remedy of the breach of contract. But look its better to take damage's my case is still going on its a headache i could have bought another house in the mean time

I am currently doing it in NYC area seller refused to sell at the last moment. I have spend 1 year 3 month i got he summary judgment asking the sellers to sell and trying to get a referee from court to sell but sellers have filed an Appeal and now waiting for the judge to decide if they get a stay on the appeal it will take another 1 year and half 

i have spend 10k on attorney fees already Specific performance is an equitable remedy but not a practical one financially its better to use the money to get another home. I did  not know this but now i do. 

Get a  good attorney to perform Specific Performance I have done it against a seller unwilling to sell and I have WON the lawsuit against this seller and now he has been given a timeline to close by the judge otherwise court will appoint referee to win , Yes its possible to win as a buyer against a seller but you need to spend money on litigation and time also it took me 5 months to get a judge to give Summary of Judgement . So you can decide what is good for your situation 

you can ask for damages or file a lawsuit for specific performance which can cost money and time around 6 months minimum if you think you can find a home with similar price range then take the money damages or else if the price is cheaper than average market value in the area then filing a lawsuit makes sense because its still cheaper property in the long run. 

Hi all 

I have recently signed a contract as a buyer the seller all of a sudden got a cold feet and is unwilling to go through the sales or closing of the property a time of essence letter was given with a date for closing they did not show up a transcription report was done , i am willing to sue them for specific performance I just wanted to know if anyone has done it before here in queens, NY area. what are the chances for me to win the case and i do know its going to cost me some money as legal fees but i also don't wish the seller to just walk away.

Hi I am in contract with a seller the contract expired last week the seller was suppose to come for closing then all of a sudden decided not to sell my attorney gave notice for closing or else we will file lawsuit for special performance in NYC area but the fact is have no idea about the costs and procedure and how long it till take and for me to win and get the house any suggestion or ideas of what i can do would be helpful , i have also send a letter to the seller indicating why i want the house and i don't want her to be unhappy 

In NYC area is it possible make sure you buy near the subway trains and make sure the tenants have enough money or income to pay the rent sometimes the tenant can bother you and stay rent free for 6 months to 1 year in your property until you get them evicted ,so you need to be careful while house hacking in NYC area the other advantage is you can split the basement into 2 parts with 2 entrances then you can collect more rent making it easier to pay  the mortgage