West Lafayette, IN asked in Real Estate Law for Indiana

Q: We have a signed purchase agreement with a FSBO home. The owner did not show up to closing and will not respond?

We upheld all of our requirements of the purchase agreement and paid for an inspection and appraisal. She said she was cancelling the agreement 3 days before closing without giving a reason and will not respond to us. She is actively trying to sell the house again on Craigslist for $13K more than what our purchase agreement was. Does she have the right to cancel the purchase agreement just because she thinks she can sell it for more? Thanks

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1 Lawyer Answer
Vincent Gallo
Vincent Gallo
Answered

A: If you have a fully signed contract and you have satisfied all of your conditions that will allow for you to close, you could, if you have the financial inclination to do so, file a Notice of Pendency coupled with an action for Specific Performance to force her to sell you the real estate.

Alexander Florian Steciuch agrees with this answer

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