What to do if Itried to purchase a house and I went to closing but they did not?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if Itried to purchase a house and I went to closing but they did not?

I have incurred expenses that are non-refundable and the owner and her real estate agent will not sign off on the document so I can get my earnest money back. Can I put a lien on the house? I do have a signed document where she agreed to the offer.

Asked on January 19, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a valid contract to purchase real property and you are ready, able and willing to close escrow but the seller refuses to close, I suggest that you consult with a real estate attorney about how to resolve the impasse. One way is to file a specific performance action where you ask the court to enforce the contract to purchase the property.

As part of the specific performance action, you can record a document on the home called a "lis pendens". If your contract has an attorney's fee provision in it in the event of litigation regarding the contract, you could be awarded the reasonable attorney's fees in the matter if you prevail by the court.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption