Q: I had a sales contract with a closing date of December 20th 2017. I assigned that contract to an individual for a fee
with a non refundable $1,000 EMD on the assignment contract. The property did not close on December 20th 2017 and the assignee never made the non refundable EMD deposit. I signed a new contract with the seller with a new closing date and assigned that contract to another individual. The first assignee has told the title company he plans to file a lien so now the title company says they can not move forward until the first assignee retracts his threat. so this will possibly delay the new closing date even though he has no interest in the property. can I sue him for tort?
A:
There may be more relevant facts than are included in your question. Why did the contract not close? Were there issues with the weather, property condition or title? When was the assignee ready to close? How’s the lien actually been filed?
Assuming that there are no other relevant facts, you may have a case for intentional interference with contractual relations or possibly slander of title.
A:
I agree with Attorney Siegel and add to say that a lien not filed is not relevant and does not affect the title.
The title company should move forward until there is actually a lien filed in public record.
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.
