Can the seller of a house, that is in escrow, cancel the sale for no good
reason?

All contingencies have been met. 5 days away from closing.

"Delboy" wrote in message
. com...
Can the seller of a house, that is in escrow, cancel the sale for no good
reason?

All contingencies have been met. 5 days away from closing.



Did your attorney die or disconnect his phone?

"Jerr" wrote in message
...

"Delboy" wrote in message
. com...
Can the seller of a house, that is in escrow, cancel the sale for no good
reason?

All contingencies have been met. 5 days away from closing.



Did your attorney die or disconnect his phone?


Phone disconnected...attorney's never die.

snip



Did your attorney die or disconnect his phone?


Phone disconnected...attorney's never die.


I told my doc that if I ever need a heart transplant to try and get one from
an attorney. NEVER BEEN USED

"Jerr" wrote in message
...

snip



Did your attorney die or disconnect his phone?


Phone disconnected...attorney's never die.


I told my doc that if I ever need a heart transplant to try and get one
from an attorney. NEVER BEEN USED
True enough.

After scouring the net, I found the solution to my question...thanks anyway

Seller commitment. Backing out of a sale and listing is much more difficult
and expensive for the seller. All persons on the title must agree to the
sale of the typical real property, so all should understand that it may cost
them a great deal to cancel the contract. For example, if the seller enters
into a listing agreement and the broker brings a qualified buyer, the seller
will have to pay the broker commission if the seller decides to keep the
property instead. By the same token, a buyer can force the seller to close
if the seller changes his/her mind about selling.

"Delboy" wrote in message
news

"Jerr" wrote in message
...

snip



Did your attorney die or disconnect his phone?


Phone disconnected...attorney's never die.


I told my doc that if I ever need a heart transplant to try and get one
from an attorney. NEVER BEEN USED
True enough.

After scouring the net, I found the solution to my question...thanks
anyway

Seller commitment. Backing out of a sale and listing is much more
difficult and expensive for the seller. All persons on the title must
agree to the sale of the typical real property, so all should understand
that it may cost them a great deal to cancel the contract. For example, if
the seller enters into a listing agreement and the broker brings a
qualified buyer, the seller will have to pay the broker commission if the
seller decides to keep the property instead. By the same token, a buyer
can force the seller to close if the seller changes his/her mind about
selling.




Sounds logical however be careful. Not all laws are valid in every state.

"Delboy" wrote in
news
After scouring the net, I found the solution to my question...thanks
anyway

Seller commitment. Backing out of a sale and listing is much more
difficult and expensive for the seller. All persons on the title must
agree to the sale of the typical real property, so all should
understand that it may cost them a great deal to cancel the contract.
For example, if the seller enters into a listing agreement and the
broker brings a qualified buyer, the seller will have to pay the
broker commission if the seller decides to keep the property instead.
By the same token, a buyer can force the seller to close if the seller
changes his/her mind about selling.

In theory, perhaps. Reality is often a different story. The details, of
course, depend on the state and local laws where the house exists.

You can force (or try, anyway) a seller to complete the deal by suing for
"specific performance." However, that could take two or three years and
cost many (probably tens of) thousands of dollars in legal fees. If you
prevail, you might get that money back, or you might not. In the meantime,
you'll still need to find another place to live. You probably won't buy
another house, after all, you're going to court to buy *this* one. Unless
you're talking about a one-of-a-kind, once-in-a-lifetime dream house, it's
probably not worth the expense of ulcers. Your only hope would be that the
threat of legal action would scare the seller into action.

Delboy wrote:
Seller commitment. Backing out of a sale and listing is much more
difficult and expensive for the seller. All persons on the title must
agree to the sale of the typical real property, so all should
understand that it may cost them a great deal to cancel the contract.
For example, if the seller enters into a listing agreement and the
broker brings a qualified buyer, the seller will have to pay the
broker commission if the seller decides to keep the property instead.

In most states, this is only true if there is a contractual agreement to
this effect between the seller and the broker. The seller has the right
to reject any and all offers. A offer to sell is just that --- an
offer, not a comittment. However, some brokers have listing contracts
that require the seller's performance on the brokerage commission if
presented with a no-contingency, qualified buyer at asking price.

"Travis Jordan" wrote in message
...
Delboy wrote:
Seller commitment. Backing out of a sale and listing is much more
difficult and expensive for the seller. All persons on the title must
agree to the sale of the typical real property, so all should
understand that it may cost them a great deal to cancel the contract.
For example, if the seller enters into a listing agreement and the
broker brings a qualified buyer, the seller will have to pay the
broker commission if the seller decides to keep the property instead.

In most states, this is only true if there is a contractual agreement to
this effect between the seller and the broker. The seller has the right
to reject any and all offers. A offer to sell is just that --- an
offer, not a comittment. However, some brokers have listing contracts
that require the seller's performance on the brokerage commission if
presented with a no-contingency, qualified buyer at asking price.

The seller has already signed a 'Sales Purchase Contract', and the state is
California.
Hopefully, he'll just agree and sell the house, I don't fancy taking anyone
to court.

"Delboy" wrote in message
om...
Hopefully, he'll just agree and sell the house, I don't fancy taking
anyone
to court.

Well, don't let THEM know that. The belief that most people are afraid of
the hassle of suing them is responsible for lots of misbehavior by
miscreants.

HPD

Delboy, consult an attorney immediately. I've been through a situation
opposite of yours in the state of Georgia where I was the buyer backing
out of a contract. Albeit it was an investment property (QuadrapIex),
not a primary residence. My seller was not clearing the contingencies
to my satisfaction and decided to use the contract to back out. My
seller had already cashed my earnest money check and had to consult a
lawyer to help collect it back. I learned a great deal about contracts
and enforcement.

Why is the seller backing out? They had better have a good reason if
you have met all of your contingencies. Otherwise they are going to
have to explain it to a judge. The seller must have another offer on
the table, or you are getting too good a deal. In either case you have
reason to at least consult a lawyer. They can tell if you have a case
or not pretty quickly. Their fee can mean money well spent if your
getting a good deal. There is a reason why they want to back out, what
is it, and is it worth your time?

My lawyer sent a letter stating the cancellation and reasons why. This
was enough to make them consult a lawyer of their own. After several
rebuttal exchanges between lawyers the seller finally agreed to give me
back my money. I'm certain they would have kept my earnest money or
forced me to complete the transaction if they had met the
contingencies, and they would have won. A seller can't just walk away
from a binding contract, else why bother even having a contract at all.
Threaten them with a lawsuit and see if they flinch. If your case
holds water, a good lawyer can squash the side line deals by filing
suit against them, causing them postponement of selling. You can win
this one if you want to.

JED -
www.themodernbuilder.com

"JED" wrote in message
oups.com...
Delboy, consult an attorney immediately. I've been through a situation
opposite of yours in the state of Georgia where I was the buyer backing
out of a contract. Albeit it was an investment property (QuadrapIex),
not a primary residence. My seller was not clearing the contingencies
to my satisfaction and decided to use the contract to back out. My
seller had already cashed my earnest money check and had to consult a
lawyer to help collect it back. I learned a great deal about contracts
and enforcement.

Why is the seller backing out? They had better have a good reason if
you have met all of your contingencies. Otherwise they are going to
have to explain it to a judge. The seller must have another offer on
the table, or you are getting too good a deal. In either case you have
reason to at least consult a lawyer. They can tell if you have a case
or not pretty quickly. Their fee can mean money well spent if your
getting a good deal. There is a reason why they want to back out, what
is it, and is it worth your time?

My lawyer sent a letter stating the cancellation and reasons why. This
was enough to make them consult a lawyer of their own. After several
rebuttal exchanges between lawyers the seller finally agreed to give me
back my money. I'm certain they would have kept my earnest money or
forced me to complete the transaction if they had met the
contingencies, and they would have won. A seller can't just walk away
from a binding contract, else why bother even having a contract at all.
Threaten them with a lawsuit and see if they flinch. If your case
holds water, a good lawyer can squash the side line deals by filing
suit against them, causing them postponement of selling. You can win
this one if you want to.

JED -
www.themodernbuilder.com


Thanks Jed, i'll let you know what happens.

On Fri, 11 Mar 2005 21:55:46 GMT, someone wrote:

Can the seller of a house, that is in escrow, cancel the sale for no good
reason?

What reason does he give?

Would be nice to hear his side of the stoty.

What does your attorney say?

Seller might think he has a plenty good reason.


Reply to NG only - this e.mail address goes to a kill file.