Under Contract, but still in appeals court. Can i close the deal?

2 Replies

Hello, 

   I have had a house under contract for about 6 months now. I put it under contract knowing that it was in appeals court and told the wholeseller that brought us the property, i will not close until it is out of courts. It is in appeals court for a property line issue that started 2 years ago. The lady next door that is appealing the property line placement has free legal representation and really doesn't care how long it takes. I have read all court documents and she has no leg to stand on in this case and her property is also being foreclosed on.  I have the contract with a local lawyer, but i do not think they have ever dealt with this and they want to just wait it out. Well i am sick of waiting and ready to close the deal.  My question is can i close this deal as long as i (buyer) is aware that the property is in appeals court? My initial thoughts with the property was to flip it, but i don't think a end buyer will want to buy a property in the courts. So i have looked at two more options for ourselves, Buy and hold until cleared from appeals court or buy and land contract until cleared. basically the same 2 options. Any help on this situation would be appreciated.

Sure you can.  I assume you are buying with cash.   Is there some reason the seller doesn't want you to take this problem off their hands?

Yes it will be a cash deal. Yes the seller wants this property off his plate. I figured there would not be a problem, i just have to take the contract to a different lawyer. 

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