i got a summons fo specific performace because my realtor told the buyer that i was thinking of backing out even though i havent yet, i am going to a circut court. how can you find out the most that you could loose i think its up to a certain doallar amount only i close in 4 days, i will show up to closing so how is merely thinking about not closing a breach of contract?
if sued a a circut court i think you can only get 5 grand but thats if you breached the contract
2006-11-17 15:10:49 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i was mad and told the realtor that i was made and that i was looking at leagl matters to see if i could get out of the contract, basicaly it is claused in the summons as "possible coming" of a breach "expecting" breach it sound like bull to me either i breached or i didnt and the court date is after closing conviently
2006-11-17 20:48:22 · update #1
If you signed the contract then go through with the sale or else hire your own lawyer and fight it. No one can tell you what the court is going to do or if they are going to fine you or if you will lose or win.
2006-11-17 15:18:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1) I agree that your realtor may not be representing your interests. You need to hire an attorney IMMEDIATELY. let me explain why:
Realty is one of the few professions where the professional is allowed (with a few vaguely worded disclosures) to represent both sides in a transaction. In other words, "your" realtor may really be the listing agent for the property. In that case, they are not acting in your best interests. You need an attorney or if you don't want to hire an attorney, you need a BUYERS AGENT who will work for you, and only you.
The above is useful for future transactions. It won't get you ouf of the mess you're in now.
2) I don't understand why a suit would have been filed in a court when there hasn't been any breach of a contract. If you are truthfull about only "thinking" about backing out on the contract, then a "presumptive" lawsuit is one that I would consider frivelous.
3) You need to hire an attorney to deal with the lawsuit. RUN, do not walk, to an attorney on Monday morning and ask him/her to review the case and help you. Without knowing more of your situation, I can't determine what action the attroney will take. If, however, there is a frivelous lawsuit, its acceptable to ask for your attorney's fees and sanctions.
If you don't know an attorney, contact your local or state bar association for a referral
2006-11-17 20:01:08 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
First, I'd fire your realtor for creating this mess.
I assume the court date is after the closing? If you close the deal, the case will be thrown out because there hasn't been a breach.
Do you understand what it means to be sued for specific performance? The buyer is not seeking $. The buyer is going to ask the judge to force you to sell the property.
Close the deal in accordance with the contract and you should fine. This is a really nervous buyer!
2006-11-17 15:26:18 · answer #3 · answered by CPAKeith 3 · 0⤊ 0⤋
Entering into a contract binds you to pay or act based on the stipulations. Thus, a breach of contract can be validly filed against you if you do not perform on what is agreed upon.
2006-11-17 17:48:44 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
If they find you in breach of contract, most likely they will make you fulfill the terms of the contract.
2006-11-17 15:19:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
sure, they do. that is largely enforcement of the settlement and the commissions are area of that. besides the undeniable fact that the court might want to must be extremely, extremely confident that express performance replaced into the right therapy. i'm not confident how you may argue that. looks they could be extra susceptible to easily punish the broking service financially for the breach.
2016-11-29 05:58:25 · answer #6 · answered by ? 3 · 0⤊ 0⤋