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Old 06-19-2008, 04:30 PM
 
28 posts, read 104,002 times
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We are dealing with very difficult buyers. Can buyers sue after the sale? What if something breaks? What if there is a problem of some sort? Will I have this buyer haunt me for many years? They have made my life miserable these past few weeks and I am not ready to spend more time after the sale dealing with them.

If this person continues to be horribly difficult can I as a seller break the contract without penalty?
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Old 06-19-2008, 04:41 PM
 
Location: Chaos Central
1,122 posts, read 4,043,995 times
Reputation: 902
I'm sure you'll get a good response from the agents here, but I doubt you can break your contract without penalty. If you haven't already had your home inspection, what you can do is refuse any additional, non-contracted requests that the buyers may come up with after the inspection. That might drive them off.

If I were you, I'd be asking my listing agent to be sure everything on your side is legally unassailable if you do close with these buyers (meaning you haven't omitted to disclose any known defects) and I'd also be checking with my lawyer.

This is why I'll choose a reasonable, easy going buyer even at a lower offer anytime, over PITA's making a higher offer High-maintenance offers just aren't worth the stress IMO.

Last edited by Boomerang; 06-19-2008 at 05:01 PM..
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Old 06-19-2008, 04:46 PM
 
Location: Barrington
63,944 posts, read 45,541,156 times
Reputation: 20657
Anyone can sue anyone at anytime.

Consult your attorney regarding your ability to back out and/or future risks.
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Old 06-19-2008, 05:20 PM
 
Location: Salem, OR
15,348 posts, read 39,513,067 times
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We agents can't help you much here. What you can and can't do depends on the contract that you signed.

You can be sued, but whether or not the lawsuit is legitimate is another issue. Stupid lawsuits occur all of the time.
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Old 06-19-2008, 05:37 PM
 
Location: DFW
40,617 posts, read 47,671,715 times
Reputation: 53981
Are you a "Buy Owner" seller? Is there not a good agent on the buyers side to give them some guidance?

One of the things we do as agents is keep a little distance between buyer & seller. Sometimes you run into the Psycho Buyer / Seller (pick one) from Hell and with them you've really got to dot your I's.
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Old 06-19-2008, 05:51 PM
 
Location: Pinal County, Arizona
25,098 posts, read 38,644,752 times
Reputation: 4936
Quote:
Originally Posted by saharris View Post
If this person continues to be horribly difficult can I as a seller break the contract without penalty?
Generally speaking, unless the buyer has materially breached the contract - and being "difficult" is not considered a "breach", you cannot unilaterally "break" a contract. If you did, then certainly, you are opening yourself up to litigation.

As for your original question - assuming the buyer has been allowed a period of time for "due diligence" (checking out the property - inspections etc), and assuming you, as the seller have not intentionally withheld material information that would impact the value or desirability of the property, once the property closes, you should not be liable in any case where the buyer attempts to sue you.

Of course you have to realize that the above is a very general answer as there are many issues that impact a specific answer.
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Old 06-19-2008, 07:18 PM
 
Location: Gorham, Maine
1,965 posts, read 5,118,739 times
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Check your Purchase and Sale Agreement. In my state, Mediation is mandatory before litigation.
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Old 06-20-2008, 01:44 PM
 
Location: Columbia, SC
10,736 posts, read 21,483,530 times
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Quote:
Originally Posted by WhoFanMe View Post
Check your Purchase and Sale Agreement. In my state, Mediation is mandatory before litigation.
If agents are involved. This could be an unrepresented seller.
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Old 06-20-2008, 08:11 PM
 
28 posts, read 104,002 times
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Yes, the buyer and I are acquaintances so we did it by owner. Knowing her made it really awkward, too. My last house was sold with a realtor and I SO MUCH prefer that!! It definitely is much less stressful with a good realtor, especially when you end up with a buyer who is high maintenance. She has a contract on her house set to close in a few weeks, so hopefully soon we can close and we will be rid of her for good. We are moving over 1000 miles away so hopefully she will leave us alone!
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Old 06-20-2008, 08:54 PM
 
Location: Palm Coast, Fl
2,249 posts, read 8,794,088 times
Reputation: 1009
Aww, you poor things! Both stressed out, selling/buying/moving and acquaintances to boot! Just hang in there...it will be over soon and all will be well with the world. She'll move in, be stress free, you'll move away and be stress free. It will all end.
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