Can I file for specific performance and damages for attorney fees?

UPDATED: Jun 22, 2009

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Can I file for specific performance and damages for attorney fees?

Seller accepted our offer to purchase. Seller signed paperwork, we were almost ready to close, just waiting for the title to come back from the state. The seller wants to back out of the purchase agreement and no longer sell his property. What right do I have to the property?

Asked on June 22, 2009 under Real Estate Law, Wisconsin


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  If you had a real estate contract in writing and were approved of financing then the sell should be able to get out.  I suggest that you institute an action for specific performance of the real estate contract, and a breach of the contract.  Unless your contract says you get atty fees for the breach, then you may not be able to recover atty fees absent a statute that says so in your state.  you should consult with your atty before taking action.

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