Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?
have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to know if I could still file a memorandum to cloud the title in Detroit, MI?
A:
You don't want to cloud the title. You want to buy the property!
Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.
But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they don't want to sell. Why are you making that assumption? Is there more?
Bottom line, hire and get the advice of a local real estate attorney in the area where the property is located. There are MULTIPLE ways to do this wrong. Don't take advice off the internet and expect a good outcome!
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