Q: I Have a contract on a property, can I force a closing.
I put a contract on a property listed by a realtor. It was a cash offer with a quick closing (2 weeks). After the two weeks came and went with not contact I contacted my realtor (who by the way works in the same office as the listing agent). He informed me that the title company had found there was a lien on the property. The owner says this lie was paid several years ago, but has failed to show proof or to even help the title company in finding it. They ask to extend closing until the end of the month, I agreed verbally but was never given an amended contract. Now I don’t get any calls back from either realtor.
Can I force the closing and have the owner pay the lien out of her proceeds?
A: You may have a breach of contract claim against the owner. I am assuming the title company did a search but don't know if they issued or were going to issue a title policy on the property. The title company should be able to provide a copy of the lien, or maybe you can look it up at the County Clerk's office in the County in which the property is located to get the details. You should consult and retain an attorney who can review all the facts and advise on the best course for you.
This is not legal advice and there is no attorney client relationship created.
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