All Forum Posts by: Shelia Woods

@Shelia Woods I have been through this as an agent, representing a separated couple who were squabbling about who got how much money from the sale, due to…..whatever. Just understand, you and your spouse Both signed a contract to sell. The buyer, and your broker, have legitimate actions they could take against you. At a minimum, as to buyer, you’d have to of course return their EM and reimburse them for any fees they incurred to accomplish the purchase….inspection fees, loan application fees, appraisal, etc. They Could file a suit to enforce the contract, make you proceed with the sale….but that is unlikely due to the time and costs it take. No one can do anything for you except advise you of the legal ramifications….they can’t make them go away.

If you are open to it, and your spouse agrees…..you could proceed with the sale and have the title company hold all funds due to the two of you in an escrow account until you two sign an agreement as to how the funds will be divided or go to court and get a court order that divides the funds a certain way. I assume the issue here is how the proceeds will be divided between you two?

@Wayne Brooks the money is not the issue. There are some other things that occurred. Although I sympathize with the buyer I also have to consider what is best for me in this situation and right now it is not to sale the home. There are significant things that have happened that led to this decision that can’t be disclosed on this forum. I want to be clear that this is not about a squabble. I sincerely hate that things happened this way but at this time cannot be prevented. Thank you for your feedback. It appears that preparing for litigation is my best course of action

0 Votes

Jackson, Mississippi

One of the issues with locating an attorney is that they advised that I am not in litigation and that the closing attorney is supposed to be the person that is acting on my behalf; however, she has continued as if I have not disclosed "in writing" that I do not want to go further with the sale of my property. Today she sent an email advising that she informed the buyers that only one of us wanted to avoid going through with the sale. I am at a loss and do not know how to deal with any of this as I can not get legal representation until the buyers attempt to sue me, but I feel that this could have been alleviated if I could defer to separate counsel.

0 Votes

Jackson, Mississippi

I alerted the closing attorney and the real estate agent that I would not participate in closing due to some issues with my divorce from the co-owner/spouse. Since then, the closing attorney and the real estate agent have done everything they can to push the sale through, including not disclosing what is happening to the potential buyer. I put in writing my intent not to go through with the sale, and they have sent countless emails with threats of me being sued and using words like a breach of contract which I am familiar with the process. At this time, I feel that I am being coerced and somewhat intimidated into completing the closing. I spoke to at least three attorneys who advised that until litigation takes place, there is little I can do because the closing attorney represents me-the same person I am having issues with who wanted to disclose to the buyer information that was more personal than general. What are my rights as part owner of the property, and what can I do to address how this situation was handled?

0 Votes

Jackson, Mississippi

All Forum Posts by: Shelia Woods

Shelia Woods has started 1 posts and replied 3 times.

Post: Seller going through a divorce who is refusing to go to closing

Post: Seller going through a divorce who is refusing to go to closing

Post: Seller going through a divorce who is refusing to go to closing