04-04-2021, 09:50 AM
115 posts, read
249,210 times
Reputation: 47
Got bad news Thursday night seller wants out of purchase contract. We've met all contingencies. Have shelled out $1100 for inspection, appraisal and condo app. We're approved through underwriting.
04-04-2021, 10:01 AM
6,806 posts, read
4,476,268 times
Reputation: 31230
A quick googling of your situation tells me that you should ask a lawyer. Don't assume you have no recourse. Sometimes the buyer does.
04-04-2021, 10:28 AM
24,407 posts, read
26,964,842 times
Reputation: 19977
Quote:
Originally Posted by
clc08
Got bad news Thursday night seller wants out of purchase contract. We've met all contingencies. Have shelled out $1100 for inspection, appraisal and condo app. We're approved through underwriting.
Don't let them back out. Contracts overwhelmingly favor the buyer, not the seller. I would talk to an attorney. You should be able to place a lien on the property, so the seller cannot sell it. You should be able to sue for punitive damages as well. It can become very costly for the seller if they refuse to sell to you. Take them through the wringer and demand compensation for future rent, inspection costs, time, mental distress, etc if they refuse to sell and look more into how to place a lien on the property, which I believe is possible as long as you've met all your requirements.
04-04-2021, 10:59 AM
Location: Coral Gables / Bonita Springs
2,128 posts, read
2,357,665 times
Reputation: 1756
Quote:
Originally Posted by
bmw335xi
You should be able to place a lien on the property, so the seller cannot sell it. You should be able to sue for punitive damages as well. It can become very costly for the seller if they refuse to sell to you. Take them through the wringer and demand compensation for future rent, inspection costs, time, mental distress, etc if they refuse to sell and look more into how to place a lien on the property, which I believe is possible as long as you've met all your requirements.
As a real estate professional and former broker of an office, I agree with the above statement. You can sue for specific performance. you can also block future sales and get paid if they ever try to sell.
Sorry for their luck, even if they are in Canada. The court will be in Florida, not Canada.
04-04-2021, 02:50 PM
115 posts, read
249,210 times
Reputation: 47
I've read and researched. Looks like we, as the buyers, may be in the best position here just as you've said. Still, it's going to be messy and time consuming. My fear is that we will have broken our lease, loaded up the moving van and headed to Bonita Springs to find out the guy won't close. He won't tell us ahead of time...he simple won't close.
04-04-2021, 08:36 PM
24 posts, read
24,306 times
Reputation: 53
Take your licks, move on, the legal complaint will cost you more than the recovery, and the seller knows that and you're not going to get a dime even if a Florida court rules in your favor, but then you have to file a judgment in FL and good luck on the enforcement of a foreign judgment filed in a domestic civil court in Canada.
04-05-2021, 11:30 AM
115 posts, read
249,210 times
Reputation: 47
Quote:
Originally Posted by
JuicyFredda
Take your licks, move on, the legal complaint will cost you more than the recovery, and the seller knows that and you're not going to get a dime even if a Florida court rules in your favor, but then you have to file a judgment in FL and good luck on the enforcement of a foreign judgment filed in a domestic civil court in Canada.
This is a legitimate purchase through the seller's listing agent who has a very substantial and lengthy career...not a fly by night listing I saw on Craigslist or something. It was listed in the MLS....
Many properties for sale are owned by people who live in other countries. Are you saying one should not purchase a home if it is owned by a non-USA citizen????
04-05-2021, 12:21 PM
207 posts, read
422,665 times
Reputation: 326
Don't mind the trolls on this forum. I agree with the legitimate posters. Take him to court if needed. Has his agent indicated to your agent what the issue is? Does he think he can get more money? Or not want to pay to get that electrical panel replaced? Or no longer wants to sell because travel restrictions are being lifted? I think the lien idea is a good one to prevent him from blocking the sale in the future without you getting compensated from it.
04-05-2021, 05:06 PM
Location: Florida Space Coast
2,356 posts, read
5,093,244 times
Reputation: 1572
Don't agree to receiving EMD back , everything must be in writing. you have a contract. consult a lawyer and make your intent to follow through with the contract clear and if they do not perform then you will sue. your realtor should also sue for their commission even if deal doesn't go through as they were able to produce a willing and able buyer. Chances are they will probably not want to go through the hassle and will just continue with sale whether they like or not. don't make it easy for them to be a sleeze.
04-05-2021, 08:03 PM
9 posts, read
15,717 times
Reputation: 85
I am not sure if it helps you because my situation happened in MA, 20 years ago. But I was in your seller’s shoes then. I signed a contract to sell my house and then suddenly something happens in my life that made me realized that selling the house was a really bad idea. I told my buyers ( who we had a very good relationship with until then) and they informed me that after consulting with their lawyer, they intend to enforce the purchase/sale agreement.. I consulted my own lawyer and he confirmed that I basically have no choice - I have to sell. And I did. So, yeah - certainly talk to a lawyer, you are probably in better shape than you think and your seller may be in for a nasty surprise
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Most Common Occupations - Construction and extraction occupations (%)
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People in Group quarters - On base (%)
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People in Group quarters - Transient quarters for temporary residents (%)
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People in Group quarters - Religious group quarters (%)
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People in Group quarters - Agriculture workers' dormitories on farms (%)
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Residents speaking Spanish at home - Native, born elsewhere (%)
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Residents speaking other language at home - Native, born elsewhere (%)
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House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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