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Re: Specific Performance of binding contract

Posted by Gom on September 14, 2006 at 5:43 PM

In Reply to: Specific Performance of binding contract posted by Rick, the Probate Guy on September 14, 2006 at 3:27 PM

Thanks Rick for your advice. Yes, I'd better move on. One more info, seller is a deaf, but he reads & writes very well, that is how we communicated. Plus comparing his age to mine, ..., etc.

Gom

: Gom - it doesn't sound like you've spoken directly to your principal since the change of heart. That would be my first objective. If he avoids you and you continue to only get the gatekeeper Son as the intermediary, I'd
: be frustrated, too.

: The big problem with a case like this is it's expensive and time consuming (i.e., taking time away from other, perhaps more profitable, deals). Also, put yourself as a potential jury member, about three years down the road. How will they see you? Will they believe the "owner-occ buyer" claim that you are making? Will other factors work against you? Your age vs. sellers? Ethnic differences?

: If you're going to go down the lis pendens and ultimate lawsuit road, it had better really be worth the trouble. IF so, sally forth. I'm not a betting man, but I'll wager that it just ain't worth it. Next time, you'll spend more time up front training how to bulletproof your deals going in rather than taking a defensive stand on the way out.

: Been to Ward's training?

: Rick, the "broken-record-about-training" probate-guy"
: P.S. All of your training may still not have solidified this kind of deal, of course.

:
: =================================================
: : Hi RE Experts,

: : I got a foreclosure house under contract. Since I planned to move in as my residence, so I used regular contract instead of EPA, there is no issue about the contract. After escrow opened, and all docs are ready for sign off, seller changed his mind, and said he decided to sell it to his son and refused to go to escrow to sign. His son said his father (64 years old) was taking medicine, and didn't know what he was doing.

: : What should I do? The contract is binding in this case, correct? should I go with an attorney? Does it worth it?

: : Thanks,
: : Gom



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