Q: we had a sale pending 13 day before closing - buyer back out - home inspection done . we didn't get contingency due to
she was put 50% down in cash. We have move most of our stuff into storage units. Because she want immediate occupancy . After she back out , We ask for $500 to pay for the units. ( which she said would not pay ) She had our home tie up for 5 weeks and we had others wanting to look at your home. but we couldn't due to sale pending. We fix the items in the home inspection. I feel that we held up out end of the contract. Question do we have any legal rights. to take her to court. we have not sign the contract releasing her from the initial agreement . Thanks Vickie
A: If there was no contingency or other basis for her to back out, then she is in breach of the contract and you can sue her for the monetary damages that you have incurred. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of all your options.
A: If the contract has been fully performed by you and the buyer has no legal right to back out of the contract, then you can sue for specific performance and in the alternative sue for damages. Damages would include the difference in the contract price versus the new sales price, interest and mortgage expenses incurred while the house was being sold again, as well as, any additional expense directly related to the buyer backing out of the contract.
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