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Updated almost 7 years ago on . Most recent reply

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6
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Andy Milby
  • Columbus, OH
2
Votes |
6
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Seller Backing Out 2 Days Before Contract Expires at Closing

Andy Milby
  • Columbus, OH
Posted

Long story short, the seller has signed the contracts and all addendum's.  I get to the closing table last night and sign all the paperwork and get an email from the seller stating he is backing out of the deal.  Final day on the contract is tomorrow.  All my paperwork is signed.

At this point, I'm out $1600 for inspections and appraisals on a 4-unit.  The deal itself felt difficult with access issues to the apartment, two inspections (due to access issues), two appraisals (due to access issues), and some clerical error's during the closing (which were corrected).  

Is it worth trying to push this deal through?  If I decide not to push this deal through is it worth trying to recoup the $1600 in out of pocket expenses since he is in breach of contract?  Do I have enough time if the contract expires tomorrow?

Most Popular Reply

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716
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549
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Bob Floss II
  • Attorney
  • Northbrook, IL
549
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716
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Bob Floss II
  • Attorney
  • Northbrook, IL
Replied

@Andy Milby If you are at all concerned the seller may have another offer or try to sell to someone else, you have the right to record your contract on the property. Contact a local real estate attorney and they can take care of it. It will create a cloud on title preventing the seller from selling or refinancing the property without a release from you. It also may force the hand of the seller to go through with the closing.

  • Bob Floss II
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