What do we do when seller backs out of the sale for no reason.

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What do we do when seller backs out of the sale for no reason.

My boyfriend and I are buying a house and we have had the inspection done and have been waiting for the appraisal. The seller is now not wanting to sell and we are under contract to buy it. What can we do to either make them sell or take them to court over fees and lost opportunity to buy other houses. We are now having to pay out more rent when we were supposed to move and close in 2 weeks.

Asked on July 6, 2017 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming you have a written contract to buy the home, you can sue the seller for "breach of contract." You can potentially get (and if you want it, would have to ask for) "specific performance": that is, for a court order requiring the seller to go through with the sale. Even if the court did not order specific performance--it has the power to do so in a case like this, but some judges do not like it--you could at least get monetary "damages" or compensation, such as a return of your deposit, payment of any inspection or loan origination fees, and some amount for rent and storage costs you have been forced to bear. There is no compensation for inconvenience, however.


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