Seller won't close

Rob H

New Member
Jurisdiction
Texas
I had a contract on a home and I was due to close yesterday. The seller called the title co that morning and told them she refuses to sign. No reason given. I went during my time and and signed the papers hoping for a change of mind when she was due in. She didn't show. We had a signed contract. Everything was ready to go. She is now in breach of contract. I'm out escrow fees and my appraisal fees. I know I can get escrow back. I also want my appraisal fees and now my fees to lease a new home due to having to leave my current home I lease. Just needing to know the direction I should go. My agent says I have a good legal case.
Thanks
 
She is now in breach of contract.
I'm out escrow fees and my appraisal fees.
I know I can get escrow back.
My agent says I have a good legal case.

Good luck.

If you wish a real legal evaluation of your position, I suggest you speak with a couple local real estate attorneys.

If you visit, take all of your documents with you.

Most attorneys charge nothing for an initial case evaluation.

It is unwise to take legal advice from strangers and real estate salespeople.
 
Good luck.

If you wish a real legal evaluation of your position, I suggest you speak with a couple local real estate attorneys.

If you visit, take all of your documents with you.

Most attorneys charge nothing for an initial case evaluation.

It is unwise to take legal advice from strangers and real estate salespeople.

That is my plan. I am waiting to get an appt with one now. I just wondered if there is anyone else out there that has gone thru the same thing.
 
I just wondered if there is anyone else out there that has gone thru the same thing.


In the 200,000 odd years of humans have inhabited this planet, it is safe to presume that whatever you're experiencing, you aren't the first person to encounter whatever it is that is troubling you.

My guess is that what has come your way lately has been experienced by hundreds of thousands of people over the 200,000 years of human history.
 
The direction of the nearest real estate attorney for a consultation.

I hope it's free. I can't imagine you paying thousands for an attorney when your losses might not amount to more than several hundred dollars.

I doubt if any court will compel somebody to sell their home when then don't want to so the best you are likely to get is your costs.

And that is something you can do in small claims court with paying for a lawyer.
 
I doubt if any court will compel somebody to sell their home when then don't want to

It is one of the most fundamental principles of property law that specific performance is the appropriate remedy when the seller breaches a contract to sell real property. However, if, in fact, the buyer only wants to recover monetary damages, then I agree that small claims court is likely the best route.
 
It is one of the most fundamental principles of property law that specific performance is the appropriate remedy when the seller breaches a contract to sell real property.

In theory, theory and practice are the same.
In practice, they aren't.
(Yogi Berra)
 
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