Englewood, CO asked in Real Estate Law for Colorado

Q: I was supposed to close on my house on 12/20/2019. The sellers are claiming to have medical issues.

I have not been told a new closing date as of today. We all signed a contract, them to sell, me to buy on the above mentioned date. Do i have legal recourse?

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2 Lawyer Answers
Donald C Eby
Donald C Eby
Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: Yes, you can bring a suit against seller to enforce your contract, it is called specific performance. If you are unfamiliar you may want to contact an attorney to assist you.

James Alan Greer
James Alan Greer
Answered
  • Boulder, CO
  • Licensed in Colorado

A: Dear Colorado Buyer of Residential Property: The Seller cannot use "health reasons"

for failing to allow you close on the purchase of this property, and therefore assuming you have continually been "ready, willing, and able" to close and not for any other reason in breach of any of your obligations under the Purchase Contract, and assuming the Seller did not condition the sale of their property in the Contract, the Seller may be in Breach of Contract. I recommend hiring counsel to send "notice" to the Seller on your/Buyer's behalf, and thereafter make legal demand for one of the several legal remedies you have available ("specific performance", claim for monetary damage, etc.). I'd urge you to move forward on the notice and demand, unless you prefer to "walk away" from this transaction.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 303.818.8422

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