Do I have any recourse for a seller that has created title issues?

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Do I have any recourse for a seller that has created title issues?

We signed a purchase and sale agreement, and the title search has determined that the seller doesn’t actually own the house…she transferred title to her three children years ago. Now the closing attorney is having issues getting the children to “sign off” on the deal, and one of them doesn’t like it (thinks they should be selling for more money). Technically, our seller doesn’t own the property, and can’t sell to us. Now we are being held hostage by the children, because we have sold our current home and had made moving plans around our closing date (which is only two weeks away). Do I have any legal recourse?

Asked on October 17, 2012 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please get a lawyer.  You do not have a valid contract here.  She is not "the seller" she is some one who perpetrated a fraud against you.  If the children won't sign the contract you have nothing here.  I think that you can indeed bring an  action against her but please, get a lawyer.  Good luck.


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