Jackson Heights, NY asked in Real Estate Law for New York

Q: Hello, I wish to seek legal advice on a house I was in a contract to buy. Seller backed out randomly and sold it.

Hello, I wish to seek legal advice on a house I was in a contract to buy. I had Mortgage and everything done. Once my mortgage bank was asking to schedule the closing day for the house, the seller stopped responding. Soon after he sold the house to someone else while still holding our down payment in the escrow account. Their was no time limit clause on the contract for getting the mortgage. Seller Just decided to back out randomly and told us to pick up the down payment from our attorney. He made us do everything. Is their any fraud or unethical legal action we can take against the seller?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: If your lawyer agreed to cancel the contract you have no claim except for incidental expenses. Before the closing with the other person you could have sued to stop but it is too late.

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Livingston, NJ
  • Licensed in New York

A: There may have been an action for specific performance to sell to you, but if your lawyer backed out of the deal without your knowledge or consent then it sounds like you potentially have a malpractice action against him/her. That said, I'm highly skeptical that there was no "time limit" clause on the mortgage....

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