Question signed a contract on Oct 16th, 2007 to purchase a house. Closing date was January 16 2008. Never closed on house due to the fact seller did not take contract to Escow with earnest money. When never signed anything else after that no amendments to extend the contract or closing date. During the time the seller had the check I had fraudlant activity on checking account.......Informed seller he said not a problem when you sale your house I will get another check from you then. Well never sold our house. Kept trying to sale house till October 2008. Got frustrated because we could not sale. So finally told him I could not purchase house because of the crashing market and recession I could not sale my house. Bank would not fiance till I sold mine. Problem is no contingency of financing, apraisal or contingency on the sale of my home. Which were things that we all discussed but were not in contract. I trusted them that they knew what they were doing because she use to be in real estate and they were guiding us throught this whole transaction of buying and selling our house(trying to sale our house on our own) then hired a real estate agent after not being able to sale ourselves. I signed this contract not throughly reading it or understanding it...... I basicaly depended on what we had discussed to be in the contract. They were good friends. Now they say we are in breach of contract. Due to me not buying the house and giving them a check on a closed account. If he would have went to escrow when he had to account would have never been closed. It would have been honored And I only went along the whole year with this contract because I assumed it was my obligation too but when I could not sell I thought I had that right and used it. They want me to either buy their house or give them 50,000 dollars.(monatory damages)
I should tell you they never had house appraised, never had their house on market or even tried to sale it. They said to me if they could not sale the house to us they were not going to sale because they did not want to go through the hassale.
I did get legal advice and he says we have to prove that their was never a meeting of minds so contract is not enforceable or valid(misrepentation of a contract) that they actually breached when they did not take contract and earnest money to escrow.
I have witnesses stating the sellers did take to them about me buying their house but I had to sale mine first they have given me statements and will testify if need be.
How good does my case look.
I should tell you they never had house appraised, never had their house on market or even tried to sale it. They said to me if they could not sale the house to us they were not going to sale because they did not want to go through the hassale.
I did get legal advice and he says we have to prove that their was never a meeting of minds so contract is not enforceable or valid(misrepentation of a contract) that they actually breached when they did not take contract and earnest money to escrow.
I have witnesses stating the sellers did take to them about me buying their house but I had to sale mine first they have given me statements and will testify if need be.
How good does my case look.
