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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Seller Breach of Contract Posted by Ernie Baxley on August 18, 2003 at 6:47 PM I was hoping to get some advice on my sellers breaching our sales contract. My partner and I had purchased a house for $125K cash with a one week escrow. Buyer was asking $179K but took our offer over others because it was all cash. We estimated fix up cost at 10K and had done our comps and talked to a few agents who estimated that is would go for 190-200K after fix up. After the contract was signed the sellers agent advised seller not to sell because the price was too low. They actually sent us a copy of the letter stating this to their seller. The seller and the agent/broker had an argument and the seller fires the broker. After this occurs the seller attempted to notify us and the title co. that she was not going to sell us the property. We advised the seller that she had signed a contract and we intended to hold her to it. At closing seller agrees to sign the closing paperwork and does so. Sellers husband who resides in another state says that he will also do so. Seller then advises our agent/broker that she has no intention of selling us the house and has told her husband not to sign the paperwork. She is now suppossed to be leaving the state to go join her husband. Unfortunately this happens to be me first REI deal and I do not have a Real Estate Attorney who can handle this although I did contact several today and will meet with them tomorrow. What do we do? What are the ramifications of her and her husband breaching the contract? Our broker and the title co. employee say that they have never seen anything like this. We were planning on making some good money on this deal and would like to pursue whatever actions we need to take. Any advice would be helpful. I know that I must talk to an attorney for real legal advice but any hints would be helpful... Ernie Follow Ups: Re: Seller Breach of Contract James 1:42 AM, 08/19/03 (2) Re: Seller Breach of Contract Ernie Baxley 7:58 AM, 08/19/03 (1) Re: Seller Breach of Contract David 12:29 AM, 08/22/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : I was hoping to get some advice on my sellers breaching our sales contract. My partner and I had purchased a house for $125K cash with a one week escrow. Buyer was asking $179K but took our offer over others because it was all cash. We estimated fix up cost at 10K and had done our comps and talked to a few agents who estimated that is would go for 190-200K after fix up. After the contract was signed the sellers agent advised seller not to sell because the price was too low. They actually sent us a copy of the letter stating this to their seller. The seller and the agent/broker had an argument and the seller fires the broker. After this occurs the seller attempted to notify us and the title co. that she was not going to sell us the property. We advised the seller that she had signed a contract and we intended to hold her to it. At closing seller agrees to sign the closing paperwork and does so. : Sellers husband who resides in another state says that he will also do so. Seller then advises our agent/broker that she has no intention of selling us the house and has told her husband not to sign the paperwork. She is now suppossed to be leaving the state to go join her husband. : Unfortunately this happens to be me first REI deal and I do not have a Real Estate Attorney who can handle this although I did contact several today and will meet with them tomorrow. : What do we do? What are the ramifications of her and her husband breaching the contract? Our broker and the title co. employee say that they have never seen anything like this. We were planning on making some good money on this deal and would like to pursue whatever actions we need to take. Any advice would be helpful. I know that I must talk to an attorney for real legal advice but any hints would be helpful... : Ernie Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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