Morris, AL asked in Real Estate Law for Florida

Q: What can i do if a seller takes 6 months to close and I have paid for the inspections and all the fees

I have been closing for 6 months now. The seller has taken their time and even made it difficult for us to close on this home. We have held up our obligations to a point that currently all they needed to do was repair the HVAC and it is still not done 5 weeks later to pass inspection. Our loan is now closed and I have to start over because of this. is there any recourse.

Would I be able to get my money back for the inspections and reinspections that I have to pay? The owner will not negotiate on the price of the home for the problems they have caused and is now asking us to leave the sell.

Related Topics:
2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: Buying a home is probably the largest purchase made in a person's lifetime. The contract to buy it is quite long and cumbersome but apparently people feel they do not need legal assistance to accomplish this task.

Sellers who refuse to close can be subject to a specific performance lawsuit, or the buyer can walk away from the deal and get the deposit back, among various recourses.

Depending on the skill of your real estate professional, if you are using one, the real estate professional can cause the parties to proceed to closing, since they do not get their commission from the contract until it closes. If you have a real estate professional and that person has not produced results, it is time to consult with an

a real estate attorney in your area to discuss your options with this contract and decide how to proceed, which perhaps you should have engaged when entering into the contract.

1 user found this answer helpful

Stephen K. Hachey
Stephen K. Hachey
Answered
  • Tampa, FL
  • Licensed in Florida

A: Yes. Legally, you can sue for specific performance to force the seller to sell you the property.

1 user found this answer helpful

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.