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Old 06-21-2008, 08:43 PM
 
Location: Tampa Bay Area
169 posts, read 1,069,770 times
Reputation: 172

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I concur with the above post's - anyone can sue anyone. "Prevailing" is another matter. All you get in the end is a legal bill and sleepless nights - no one really wins.

Re-read your contract (hopefully you read and understood it before you signed it) and hopefully, since you didn't have an agent, you had a lawyer. You have "reps and warranties" within the agreement and obligations. So, hopefully, do the buyers. You have an obligation to perform to the terms of the contract that you agreed to and only have the remedies available in the agreement - which you are otherwise bound by, due to your signature on the document. The Buyer should have obligations as well. Don't get your magnifying glass out yet and look for reasons/ways to get out of the agreement, look for ways to buffer you from the emotional issues and get yourself to the closing table.

Of course I haven't read your contract but chances are that you can not just void the contract because you are angry/frustrated. Chances are, doing so would put you in breech. My suggestion, is to try to deploy an intermediary (like an attorney or CPA or even hire a realtor by the hour for consulting services - although they can't undo whatever contractual mess you may be in, they will be able to defuse things a little) and let the intermediary speak for you and handle the day to day discussions through to closing.

Residential real estate transactions have such a personal element to them. Most people don't realize that some of those touch points that you get to in the process can be awkward or difficult and that the intermediary/agent can go a long way towards keeping the deal together.

Just keep reminding yourself "Well at least I saved the commission" and smile. Hope it all works out for you amicably in the end.
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Old 05-18-2010, 01:26 PM
 
2 posts, read 4,450 times
Reputation: 10
I am a buyer. I bought home recently and moved in within 2 weeks. As soon as i started using Bathtub, it leaked profusely (somehow missed in inspection) and whole bathtub need to be changed. Plumbing inspector says this is very old and cannot be fixed and existing issue. Obviously, it cannot be a new problem on the first day of using. Can i sue seller? Seller is an old lady and her daughter sold this home on behalf of her.
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Old 05-18-2010, 06:35 PM
 
Location: Barrington
63,919 posts, read 46,748,172 times
Reputation: 20674
Sure you can sue. Will you prevail?

Did the daughter live in the house? Can you prove she or her mom were aware of the leak?

Did something prevent the home inspector from inspecting the tub?
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