Can I be sued or forced to sell to buyer

Question

Hell everyone,here is my situation :

I am the seller in a current residential purchase agreement in southern California.I am currently in escrow on a property i took title on with a quitclaim deed because the previous owners were going to lose the house to foreclosure .The buyer and i used a California residential purchase agreement used by realtors to enter in to a contract.Buyer has not deposited earnest money and are we now at are at the 27 day of our 20 day escrow.The investor is getting a hard money loan and he says that he is ready to close,but title is asking me for a affidavit of uninsured deed from previous owners so they can insure buyers title.

My question is: If i the previous owners will not sign this affidavit,does this mean I cannot provide clear title and the buyer cannot get title insurance and we are dead in the water or can the buyer take me to court and force me to sell the home to the investor.The affidavit would still need to be signed if this is the case or can i just cancel the transaction ,which would be my intention.He is threatening to place a lis pen-dens and force me to sell to him.

Any feedback would be very much welcome.

Thank you in advance

Account Closed · Answer

@Joey Baz

Take a look at paragraph 14 (c), it gives you (seller) a number of reasons to cancel, one of which is buyer's not depositing funds.

Maybe you can get the affidavit signed quickly and continue on, can you?

Zachary Tunstall · Answer

Have you talked to the buyer, They have a breach of contract, So sell it to someone else, and talk to the agent that gave you the document, You can sue, but that will cost you thousands of dollars and a lot of time in court, Hope this helps

Luke W. · Answer

I'm not a lawyer, but I would assume you would be dead in the water. Unless, the buyer is willing to take it without title insurance. I don't know why the buyer would want to sue you to sell if you won't be able to provide marketable title, that wouldn't be the smartest idea, in my opinion.

Wayne Brooks · Answer

Not familiar with your Ca contract, what does it say about not being able to provide clear title? What does it say in regard to EM not being made? Not familiar with the clear title affidavit, not required here in this situation. Why do you think the sellers will be uncooperative? Is this issue just now arising, or has there been some back and forth already? Talk to a local title attorney.

Can I be sued or forced to sell to buyer

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