What would be a person’s legal course of action if one of two sellers of a home decidess not to sign documents at closing?

Get Legal Help Today

 Secured with SHA-256 Encryption

What would be a person’s legal course of action if one of two sellers of a home decidess not to sign documents at closing?

We have dumped so much money into all the required inspections and appraisal now this seller refuses to sign. Also, we are left with zero time to find another property or even a rental. We have to be out of current rental in 5 days; we were suppose to close 5 days ago.

Asked on April 18, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming you have met all your contractual obligations under the contract of sale, then the sellers are obligated to go through with the transaction. You could sue them and seek a court order ("injunction") on an "emergent" (think "emerging" or "emergency") basis, forcing them to consummate the transaction. You could also sue them, variously, for the cost of a new rental or hotel (if you have to stay somewhere); cost of storing your goods until you can move in; for all expenses you've incurred, if you instead elect to treat this contract as terminated by their breach--in short, the contract of sale for the home gives you enforceable rights. You should speak with a lawyer *immediately* about your options and about starting legal action if you cannot quickly resolve this otherwise. A real estate attorney would probably be the best for you. Good luck.


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