We just put an offer in on a home that we fell in love with after looking for one for about six months now. The owners accepted our offer right away. They have moved to Canada and had their daughter living there for a while with her kid(s). They had offered the house to their daughter to buy but she thought that they should just give it to her and refused to buy it so the owners put it on the market with a realtor. So that is the story up until our offer. Now we just found out that the daughter is mad that her parents are selling and she told them she would disown them and never talk to them again if they sold it to us. The parents have decided to sell to her at half the price we were offering now because of her threats. I am so mad!!! What can we do legally to get this house because we really want it and were sort of already planning our move, plus they accepted our offer while it was on the market! I live in Grand Rapids Michigan if that helps anyone find out the laws for me. Thanks!
2007-09-20 12:50:14 · 5 answers · asked by Sweetheart 2 in Business & Finance ➔ Renting & Real Estate
The daughter never wanted to buy the house, she just wanted to live there on her parents dime and trash the place. She was offered the home and refused. We do not want to step on anyone's toes but this is ridiculous. My husband did sign something and they have our earnest deposit too. We did use a realtor, in fact he is the listing agent on the house so he is upset too.
2007-09-20 13:22:24 · update #1
You can sue them for specific performance and force them to go through with the deal that they have agreed to.
Get your attorney to slap a lis pendens on the deed. That will block any sale until this issue is resolved. Have your attorney send them a letter threatening suit for specific performance, costs for temporary lodging, lost profits, attorney's fees, yadda, yadda. They'll come to their senses pretty quickly.
This presumes that you have a Purchase & Sale contract signed by all parties. If you only have a verbal agreement, you have nothing and there's nothing that you can do to force the issue as all real estate contracts MUST be in writing.
(Tough Twinkies on the daughter, by the way.)
2007-09-20 12:58:53 · answer #1 · answered by Bostonian In MO 7 · 3⤊ 0⤋
I agree with the lins pendens lien (this means litigation pending) and no sale can transpire until this is removed.
You said the owner's accepted your offer, do you have the acceptance in writing? If so, suing for specific performance is a slam dunk. This means your attorney can present the completed contract to a judge and you will prevail.
I suspect as soon as any legal action starts, the parents will consult with an attorney and realize they are going to lose and sell the home to you.
Don't make this emotional, this is business. I'm sure there is going to be alot of pleading and heart strings tugging, but if you really want the house, you need to stick to your guns.
2007-09-20 16:17:27 · answer #2 · answered by godged 7 · 0⤊ 0⤋
If you have a signed contract by the sellers and you the buyers and you have lived up to your part of the contract, put up money and put it in escrow then you have lots of legal standing here.
If you do not have a signed acceptance of your offer from them then you basically have nothing. Paper work is what matters at this point.
Did you use a Realtor? If so they can work on this for you. If not but you have signed paperwork then time to call an attorney.
2007-09-20 13:00:02 · answer #3 · answered by vegaslee 3 · 0⤊ 0⤋
They are in breach of contract. You are entitled to the return of:
Inspection fees
Appraisal fees
Pest fees
Virtually any fee you have paid out in direct association with the contract
Your Realtor can sue for their commission
You also have the option of going to court and forcing the completion of the sale.
2007-09-20 14:08:31 · answer #4 · answered by Expert8675309 7 · 0⤊ 0⤋
I agee w/ bostonian
2007-09-20 13:03:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋