Can I sue for damages if a seller breaches contract?

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Can I sue for damages if a seller breaches contract?

I am a real estate agent representing the Buyer and we are near the end of
closing. The issue is that there is an HOA violation on the property for paint
maintenance seller was notified 2/24/2017, which means that the home needs
to be painted before we can close escrow. The seller does not want to do it,
which will stop the transaction, thus, the seller will breach the contract due to
close of escrow date. What can we agent and buyer get for damages if we
sue?

Asked on February 11, 2019 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The BUYER can sue the seller for breach of contract, if the seller violates its terms (e.g. does not close) and could seek, for example, "specific performance"--a court order requiring the seller to close, including taking any necessary steps (like painting) to be able to do so. The buyer should consult with an attorney about this option, to see if it makes sense.
The agent cannot sue, because you are not in a contract with the seller requiring them to sell. The chance of a deal falling through after you have invested time, work, etc. in it is, as you know, a risk of being an agent.


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