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Updated over 10 years ago on . Most recent reply

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Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
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Suits for Specific Performance

Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
Posted

Can I sue a buyer who signed a purchase agreement.  ?...Buyer paid Earnest Money, and he refuses to perform on Agreement, and now wants his Earnest Money Back.

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Paul Strauss
  • Wholesaler
  • Melbourne, FL
59
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Paul Strauss
  • Wholesaler
  • Melbourne, FL
Replied

You can file suit, but you will be wasting your time. Think about it for half a second: do you really expect to obtain a court order compelling someone to buy a property they don't wish to buy? Typically, earnest money is considered liquidated damages in these situations. Move on. Find a new buyer.  

Alternatively, suits for specific performance compelling someone to SELL their property can be successful.

The theory is that there're many buyers for a given property, but there may be only one "dream home" for a buyer.  Hence you won't get a judge to order a purchase, but you may get a judge to order a sale.

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