Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Real Estate Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 6 years ago on . Most recent reply

User Stats

6
Posts
1
Votes
Cesar Mundaca
1
Votes |
6
Posts

Wholesale Seller wants to back out after signing contract.

Cesar Mundaca
Posted

 Hello Everyone, i have read many posts on bigger pockets and i know there are other posts regarding similar situations however mine is slightly different and i would like specific guidance for my current situation. i would like to apologize in advance if i use this forum incorrectly, it is my first time posting. So, without further ado this is the situation i'm in...

I found a seller willing to sell his property for a great price, after explaining in detail how this would all play out we signed a contract and he was happy, the same day that we signed i had a buyer walk through the property with me and he is interested in purchasing asap.

the next day i submitted my EMD and even paid for a title search... then i was contacted by a real estate attorney the seller hired saying i can no longer speak with the seller and that i can only speak directly with her if i need to tell him anything and that they have opened a case with miami dade police department against me(i have no idea why, i have done NOTHING illegal or misleading. i'm doing everything by the book so i believe this is only a scare tactic) they also said i need to sign a cancel and release form to release the seller from the contract. i was not given any reason as to why the seller had this sudden change of heart but i'm going to assume that he got a better offer or a real estate agent (which he mentioned was interested) probably promised to sell for higher and quickly.

I responded to the attorney asking why their client changed their mind. (if it's medical or job loss i would obviously release them with no problem) my email also says their client has signed a legally binding contract and i have already invested time and money into this property and will begin seeking legal advice regarding "Specific Performance" against their client. *I am still awaiting their response to this email*

i spoke to the attorney at my Title company who has advised me that my contract is solid and has all of the key elements to make it a valid contract. i have a buyer waiting for me to clear this up so we can close.

My questions are...
How can i make sure he does not sell to another buyer?
Can i move forward with the closing regardless of the seller trying to back out?
How can i cloud the title to make sure he does not sell to another investor and should i do it?
Should i attempt to sue for "Specific Performance" as the attorney at the title company told me to do?
Should i just collect the EMD from my end buyer and use that to show sellers attorney that we are going through with this?
If it all falls through what do i do about the $200 i've already spent on Title and EMD??

Also, this is taking place in Miami, Florida and i am rather new so i apologize for any rookie questions.

Any other tips would be greatly appreciated. Thank you all very much!

Most Popular Reply

User Stats

887
Posts
758
Votes
Jerel Ehlert
  • Attorney
  • Austin, TX
758
Votes |
887
Posts
Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

@John Thedford Might want to back off the absolute statements that someone is breaking the law.  You're making a bunch of assumptions based on little information.

So far as I know, wholesaling done correctly is legal in every state, and can be done without a real estate license.  At this point, Cesar is just on the buy-side and opening title.  You didn't even know what STATE he was in before you accused him of violating YOUR state's law.

@Cesar Mundaca There's a lot more going on here than can be easily related on this thread.  If it's worth it, pay to talk to a real estate litigation attorney to see if you have a case.  If the money's worth the expense, defend your position.  If your margin was small, cut and move on.

  • Jerel Ehlert
  • Loading replies...