1)Can I take the seller to small claims court to have him pay for my lawyer?2)Would I be able to file lawsuit again appraisal co. for waiting solong

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1)Can I take the seller to small claims court to have him pay for my lawyer?2)Would I be able to file lawsuit again appraisal co. for waiting solong

I have been trying to buy the house next door to where i live right now, everything was going well- the bank just told US to hurry up and send in the remaining information, so we did. (might I add that we have been working on getting a mortgage and the house next door since January 2009) We finally set a closing date for 4/30/09, but the NIGHT BEFORE closing the banks calls us and says sorry, the house failed to meet FHA quide lines- So we put the bank on hold and tried to work out a deal with the seller, just us and our lawyer and him and his lawyer . We offered the seller 2 different scenario offers and he has turned ALL down, and today i heard from my lawyer that the seller has turned down our final offer. I wanted to know 1) if i can take the seller to small claims court to pay for the additional time my lawyer spent (from the day we found out the house failed to present) If the seller’s plan was to just sale and never had any intentions of working with us- he strung us along.

Asked on May 21, 2009 under Real Estate Law, New Jersey

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

unfortunately if the seller had not agreed to anything the simple act of discussion and/or negotiations does not fall under any umbrella of obligation. The seller it seems had never agreed to anything so his refusal to accept the offers is his right. You obviously have an attorney and should discuss this with them to see if there are any influencing factors that may change this that I am unaware of

But as you described it does not sound as if anyone had committed to anything and as such no one is responsible to the other party


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