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Q: Issues Selling a House ( No Answer,   4 Comments )
Question  
Subject: Issues Selling a House
Category: Miscellaneous
Asked by: celeste33-ga
List Price: $30.00
Posted: 10 Dec 2004 21:59 PST
Expires: 09 Jan 2005 21:59 PST
Question ID: 441154
I understand that you are not allowed to give legal advice but I would
like to get general advice about this situation based on research.

Having said that let me explain the situation. My parents put their
house up for sale over a year ago. About six or seven months ago they
had two different couples make an offer on the house. They accepted
Couple "A"'s offer and set the closing date. Couple "A" did not show
up for the closing due to lack of funds. My parents then accepted
Couple "B"s offer and set another closing date with them. In the
meantime, Couple "A" got the funding and insisted to my parents that
they should have had seven days after the closing date to be able to
buy the house. They threatened to sue and so on the advice of their
lawyer, my parents postponed the closing with Couple "B". Couple "B"
decided to sue Couple "A" for the right to sell the house.

It has now been over six months since Couple "A" and "B" decided to
sue each other and my parents are still waiting for a court date.
There always seems to be some reason for a delay (lawyers on vacation,
scheduling conflicts) and during this whole time my parents are having
to pay the mortgage and maintain this house while they are also paying
for the new house they purchased. Needless to say they are losing
money because of this situation.

Their lawyer is basically just having them wait until the court
decides who can buy the house but I wanted to get another opinion.
Shouldn't there be a way to force a court date since my parent's
assets are being affected by this hold up? Any advice on this or any
other part of this messy scenario would be appreciated.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Issues Selling a House
From: frde-ga on 11 Dec 2004 02:56 PST
 
I think you should consult another lawyer
- one that specializes in domestic property sale law - in your State

Check out that 7 days stuff carefully

It is also strange that couple 'B' are suing couple 'A' for the right
to /buy/ the house
- couple 'B' have a (contractual ?) agreement with your parents

I can see this getting very nasty, with couple 'B' sueing your
parents, and your parents sueing couple 'A'.

You might get some good pointers to State property sale law as an
answer, but you'll need to clarify your question with your state.
Subject: Re: Issues Selling a House
From: neilzero-ga on 11 Dec 2004 06:03 PST
 
Lawyer boo hiss. The poor starving lawyers, and their friends the
judges and ledgislators, don't care how much loss and stress such
nonsence causes the public. Hopefully this 7 day grace period for no
show at closing does not apply in most states. It seems to me the
seller has the right to say "prove beyond unreasonable doubt that you
have funding before we will give you a new closing date."
 All three parties should have grounds to sue the realtor if anyone
wasted money on realtor fees. The realtor should have warned all three
parties of the possibilities of trouble from the 7 day grace period
rule and other pit falls.  Neil
Subject: Re: Issues Selling a House
From: owain-ga on 11 Dec 2004 06:18 PST
 
Parents should sue both A and B and in the meantime (very quietly) sell to C.

Owain
Subject: Re: Issues Selling a House
From: celeste33-ga on 13 Dec 2004 18:13 PST
 
Thanks for your comments! The state is Georgia by the way.

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