Real Estate Attorney Needed

Columbus, Indiana
Legal & Legislation
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Real Estate Attorney Needed

Justin HolleyPro Member
Investor · Whitefish, MT · Member since 2015 · 64 posts · 18 votes

I have a seller trying to back out of a signed purchase agreement. Any recommendations or introductions to local real estate attorneys will greatly appreciated.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    5d

    What state is this property in? Why is the seller attempting to back out?

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  • Justin HolleyPro Member
    OP
    Investor · Whitefish, MT · Member since 2015 · 64 posts · 18 votes
    4d

    Indiana.

    Here is the scoop.

    My initial offer 160k

    Seller counters at 170k

    I accept offer at 170k

    I request wiring instructions for earnest funds multiple times from the title company. They finally send me the instructions and I send the earnest funds.

    At the same time during the inspection period, significant foundation issues are found.

    I make a counter offer during inspection period

    Several days later on Oct 2 after the original closing date the seller's real estate agent sends me a addendum signed by the seller agreeing to my after inspection offer and updating the closing date. I sign the agreement on Oct 4th.

    Now the seller doesn't want to sale at the agreed price and they are trying to say the original agreement is null and void because: (from Seller's Agent) Per the Purchase Agreement, the contract explicitly states the agreement "shall terminate unless an extension of time is mutually agreed to in writing."

    The 15-day deadline from September 19th expired on October 4, 2026. Because a mutually executed extension was not delivered to me by that date, the contract has legally terminated on its own terms.

    The amendment delivered on October 5th arrived after the contract was already dead. It cannot modify or revive an expired agreement, and the sellers formally reject it.

    Please note that my signature was applied to the agreement on October 4th, and time stamped by the eSignature system.

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    • Don KonipolBusiness Member
      Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
      5h

      What I did in a similar situation was I informed the seller in writing that I was going to file a lis pendens and as a result the seller will not effectively be able to sell their property until the issue is resolved in court, which is anticipated to take up to 2 years. Alternatively, I’d accept a $12,500 cash payment to surrender my claim.

      This isn’t legal advice by any means, just what worked for me.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4h

    Personally I would move on to the next one, you are gonna spend money on legal etc. that you may or may not recover and the time value of money - ie. how much time are you going to spend on this to get what in return which could be zero - personally I would move on.

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