Seller breaching contract

[Angela Lojko]

Hello,

Has anyone encountered seller breaching contract day before closing? Everything satisfied on buyers end. If so, what are the buyers options or steps to take?

[Charlie MacPherson]

@Angela Lojko  There's not enough information here.  However, if it's a lien that's the issue, ask your attorney / title company if there's any reason that it can't be satisfied with the proceeds of the sale at closing.  That would be the easiest way to overcome this.

The seller might find that the cost of the lien is so high that he cannot move forward with his next purchase, but that's his problem. You don't have to let him make it yours. You have contractual rights under the P&S.

A last minute discovery of a lien could either be that the attorney / title company missed it, or it could be that it was a new lien that was attached within the last hours before closing.  Again, not enough information.  Once you know, you'll be in a better position to respond.

BTW, while suing for specific performance is a real remedy, it's going to be expensive and slow.  For residential real estate, it's probably not practical unless you have a very flexible move-out date wherever you're living now.

Good luck!