Breach of Contract for Real Estate Purchase Agreement?

Question

I signed a purchase agreement about a month ago and the house was suppose to close two days from now. Well, i find out that the seller has to prove that the property was entrusted to him by his late parents because the brother is protesting the sale. What if he has no right to sell the house? Would you suggest getting a lawyer? What kind of recourse would I have against him?

Answer 1

You probably have no case at all. One of the contractual agreements that you both signed is for delivery of a clear title. Since he can't deliver that at present, the agreement should be null and void.

If he reasonably believed that he had title when he offered the house for sale you probably have no recourse.

Even if you do have a case, you're limited to actual damages in most cases unless outright fraud was involved.

As always, check with a local attorney who specializes in real estate law for advice specific to your situation. (And next time, get an attorney up front.)

Answer 2

The contract is intertwined with controversy. Without the consent of the brother, the sale cannot be enforced. Thus, your recourse is for a recovation of the contract and any amount paid by you should be reimbursed.

Answer 3

you do no longer desire a criminal expert, you decide on a solid realtor. you are able to decrease back out each and each of ways as much as final, yet without contingencies, etc., you will lose your earnest money. a million. paying for a house is a known dedication, you're able to have a realtor. in the event that they have a realtor, you decide on one. 2. Grand scheme of issues $one thousand isn't plenty. in case you do no longer experience mushy with the deal, walk away. 3. whilst handling the broking, they could be inspired sufficient to sell the homestead that they might quite regulate the settlement than see the deal fall by. 4. continuously make issues contingent on an inspection. continuously have the homestead inspected. as quickly as the inspection is finished, you start up negotiating in keeping with issues which would be repaired or as much as date, etc. On Monday, get a realtor. How do you decide on for a realtor. Ask them how some years they have been in the corporate. how many residences they often close each and each month. Ask who the broking provider is. Ask what variety of sources they often deal in. Ask human beings you realize who they used, ask the guy who works on the financial company who they used. heavily, i understand you have become close to to the tip and you think of you are able to save a pair of greenbacks by skipping the realtor, yet actual in case your place seems to be a lemon, or you overpay, it particularly is going to likely be for the reason which you probably did no longer have a realtor, and you will spend a number of circumstances the value of having one on issues that for the period of no way could have been issues.