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Subject:
Home buyer backs out
Category: Business and Money > Finance Asked by: zacjames-ga List Price: $20.00 |
Posted:
26 Nov 2006 13:26 PST
Expires: 26 Dec 2006 13:26 PST Question ID: 785734 |
After bidding up the purchase of our home above asking price in Chicago, we chose one of the two buyers. Near the end of the 5th day of attorney review, he sent an attorney letter asking for a few things, including 5k back for working items and the ability to pull out a week before closing. I emailed him asking him a few questions, then the next day he sent another letter through his attorney pulling out of the deal. I feel he was not in good faith and likely never planned to follow-through at that high price. We lost the other high bidder since she was soured by the bidding. We ended up selling at 30k less. Is there any worth to a civil lawsuit to recover this difference? I have more information, if needed, such as his delays, failure to communicate, and cancelling his earnest money check. I hear that you can pull out for whatever reason during attorney review, but he pulled out without even my response through my lawyer. |
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There is no answer at this time. |
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Subject:
Re: Home buyer backs out
From: markvmd-ga on 26 Nov 2006 15:33 PST |
He cancelled the earnest money? You mean stopped payment? Pretty serious stuff, but pursuing a claim for loss is gonna be expensive. Why not try a small claims action for the legal limit in your area (up to $10000, with some restrictions). |
Subject:
Re: Home buyer backs out
From: triumfdoogooder-ga on 26 Nov 2006 17:01 PST |
Well, it's unfortunate you already sold the house at a loss. You could have sued for "specific performance", that is, ask the court to force the deal to go forward. I'm assuming, of course, that the facts support your case. I could be wrong. |
Subject:
Re: Home buyer backs out
From: daniel2d-ga on 26 Nov 2006 19:24 PST |
It all depends on what your contract says. First, the earnest money deposit should have been deposited at once. As for the attorney review, that was an open ended contingentcy. And the five day review was long and pulling out a week before closing - unheard of. You should have also taken a back-up contract from the second buyer. You don't say so, but I would bet you sold the house yourself and did not use a real estate agent. You didn't "lose" any money because you really did not have a serious buyer at that price. It all boils down to what your contract says. If the buyer pulled out under the terms of the contract you have no recourse. If he violated the contract you can enforce it in court. |
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