What would be a person’s legal course of action if one of two sellers of a home decidess not to sign documents at closing?
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What would be a person’s legal course of action if one of two sellers of a home decidess not to sign documents at closing?
We have dumped so much money into all the required inspections and appraisal now this seller refuses to sign. Also, we are left with zero time to find another property or even a rental. We have to be out of current rental in 5 days; we were suppose to close 5 days ago.
Asked on April 18, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Assuming you have met all your contractual obligations under the contract of sale, then the sellers are obligated to go through with the transaction. You could sue them and seek a court order ("injunction") on an "emergent" (think "emerging" or "emergency") basis, forcing them to consummate the transaction. You could also sue them, variously, for the cost of a new rental or hotel (if you have to stay somewhere); cost of storing your goods until you can move in; for all expenses you've incurred, if you instead elect to treat this contract as terminated by their breach--in short, the contract of sale for the home gives you enforceable rights. You should speak with a lawyer *immediately* about your options and about starting legal action if you cannot quickly resolve this otherwise. A real estate attorney would probably be the best for you. Good luck.
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