Q: Can Tennessee HomeBuyers sue me or force me to sell them my home. After signing initial sit down agreement
I asked the representative was it a binding agreement before I signed because I was very skeptical. He said that Tennessee HomeBuyers could not force me to sell my home. It was my house and I could change my mind. I made several attempts to cancel the process. I never got a response back. I also decided to sell to another company. Now I am receiving letters from Tennessee. Homebuyers basically stating that I agreed to sell to them and I am obligated to sell my house to them
A: Obviously the provable facts will probably decide the case, if a suit for Specific Performance is filed. Is there a liquidated damages clause in the Contract? Was there an earnest money payment? Do you have merchantable title? The Contract itself must be scrutinized as the parol evidence rule will probably exclude the oral promises made. It does sound like they might sue, so be prepared for litigation and a possible judgment against you. Arguing fraud as a defense will be difficult.
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.
