Fort Worth, TX asked in Real Estate Law for Alabama

Q: I have signed a real Estate contract & am unable to perform. What can happen if the buyer sues.

I am a 75 year old senior who is learning how to flip houses. The contract of for 25,000, I live in CA the home is in Alabama. I am buying it from an investor. If I fail to perform what will happen if he sues?

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1 Lawyer Answer

A: That depends on the terms of the contract. If you agreed to do something in a binding contract, and you didn't do it, you are liable for the damages done to the other party. What does the contract say? Read it. I assume you agreed to buy a house, and could not sell it to someone else, and can't now buy the house. The contract itself will say what you will loose if you fail to perform on the contract. You can also be liable for the expenses the seller incurred based on reliance on your contract. Finally, you could be liable for the difference in the market value of the house and what you agreed to pay if what you agreed to pay is higher. The fact that you are 75 years old and apparently didn't know what you were doing is irrelevant, unless of course you lack capacity to enter into a contract.

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