Seller Contract Breach

1 Reply

I entered into a contract with seller and found a buyer and contracted with him. Now that I’m submitting my paperwork to the attorney I can’t get in touch with the seller to fill out seller information sheet for attorney. I think that the seller is having second thoughts about the sale. I know that I can sue for breach of contract but my questions are: 1. For a property less than $50k is it worth it? it will be a $7k assignment fee to me. I REALLY would like the $7k but I dont want to spend $5000 in attorney fees to get it. 2. When do I do this? Before or after contract expires. 3. i did not fill out an affidavit to cloud the title. I’m thinking about sending a bird dog out to the property to deliver the paperwork from the attorney. I marketed the property pretty heavily and I’m wondering if another investor contacted him and is trying to take the deal out from under me. Is there anything I can do to save this deal? Thanks! Letron

You have a contract.  The seller cannot cancel the contract except possibly for a claim of fraud; you can sue for breach but it may be more costly than not.  Since you don't know why the seller isn't responding, ask the attorney to contact the sellers - which is the appropriate process.  You're not entitled to their personal or contact information; you should absolutely NOT be asking the sellers for that information. Your role is the buyer. Stay in your lane. The attorney/title company is the intermediary between the parties once the contract is executed. It is their role to communicate with each party separately in preparation for closing.  In my state, the seller chooses the title company. It could be that the sellers are not responding because they have no idea why you're continuing to contact them.  Do yourself a favor and let the attorney step in...and then figure out what course to take if in fact there is an issue.

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