Lodi, WI asked in Real Estate Law for Wisconsin

Q: I accepted on offer on my condo and the buyer wants to back out and won't pay the earnest money - what should I do?

An offer was made, I countered, they accepted. We signed the contract that included earnest money. We even did an amendment for something they left out of their offer. Now, they didn't pay the earnest money, and sent a cancellation of the contract and don't want to pay. I countered saying we can cancel the contract if they pay the earnest money. Now, they won't answer calls or anything from their realtor or mine. I can't sell my condo since I'm still in a contract with them, and I need to since my close date on the house I am moving to is 1.5 months away. What should I do?

Related Topics:
1 Lawyer Answer
William F Sulton
William F Sulton
Answered
  • Milwaukee, WI
  • Licensed in Wisconsin

A: You have a few options. You can sue the buyers for specific performance (that means forcing them to buy the house). You can sue the buyers for the earnest money.

You can put your house back on the market. If the selling price is less than before, you can sue the buyers for the difference and the earnest money. If you choose this option, you should not worry about the (now) terminated contract.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.