The seller cashed out the earnest-money check do I have a valid sell contract (signed by sellerwith2 witness)?

Question

I have a contract to buy a house. Seller signed and his son and daugher-in-law withness (also give other children 7 days to come forward if they want to buy the house). After 7 days seller cashed the earnest-money check. On the closing day one of the daughter is living in the house didn't move out so he has to start the eviction process. Seller still wants sell and others children want to hold the process.
What should I do?
thanks

Answer 1

What state is the property in? Get a good real estate lawyer there.

Generally, if you do not have a purchase and sale agreement, which is negotiated after the seller accepts your earnest-money and offer, you need to have one drawn up. The P&S should have had a "time is of the essence" clause, and you could walk away if the seller cannot deliver the title and property in timely fashion (as explicitly laid out in the P&S).

You also should watch out that the daughter who is living there doesn't trash the place before she leaves. Require broom-clean condition and a final walk-through to assure the property has not been damaged prior to closing. There should be a provision that lets you walk away and get your money back if that is the case.

Answer 2

in case you walk away with out genuine reason then you lose all your earnest funds. There are some situations the place earnest funds may well be refunded yet provided that the broking someway did no longer uphold their end of the coolest purchase i.e. some thing became promised to you interior the settlement that may no longer actual/you probably did no longer get carry of and so on. broking is taking too long isn't a valid reason. Coldfeet isn't a valid reason. desperate its too faraway from city and so on. all no longer valid. The deposits for enhancements could be refundable considering that they are basically that, deposits. Deposit implies refundablity, inspite of the undeniable fact that, considering that each and every genuine assets deal is unique, you will possibly could discover the proper area on your settlement the place it discusses the deposits. you're able to nonetheless lose them. Your credit should not be broken per say yet in destiny bargains, sellers may well be reluctant to do company in the event that they someway discover out you backed out of a deal presently. i do no longer think of you're able to stroll. in case you do no longer basically like the representative, consult with a supervisor or inn a criticism. enable them to be attentive to which you're aggravated and thinking approximately walking faraway from the deal yet verify to tell them precisely why you're mad. some thing like this occurred to us final fall as quickly as we've been attempting to purchase a foreclosed assets. the broking had gotten a extra robust furnish after agreeing to sell to us. They stopped returning our calls and stuff, fairly attempting to harass us into going away. We does not so they at last had to refund our earnest funds. (Later that deal fell by way of and we ended up getting the domicile besides. Six months later, for $40,000 much less.) besides, the proper project to do may well be to seek for suggestion out of your agent with all of those themes. in case you do not have an agent representing you, see in case you may get one to come again on now, or to seek for suggestion from, to act along with your proper pastimes (no longer the builder's) in strategies. Calling a lawyer feels like reliable suggestion yet may well be so costly and in case you haven't any longer any genuine rationalization for walking away, you're already going to be dropping funds. reliable success to you!