Agreement to Sell vs. Gen. War. Deed - Posted by Brandon

Posted by Ed Copp (OH) on June 21, 2001 at 18:49:37:

that the investor who bought the property and took a deed, had any knowledge of your involvement. At least it is not likely that anything is provable.

It is quite likely that the “other” purchaser was acting in good faith.

Agreement to Sell vs. Gen. War. Deed - Posted by Brandon

Posted by Brandon on June 21, 2001 at 18:00:41:

I made a deal with a seller, who signed an Agreement to Sell Contract with me. I was to pay her $9000 at closing. 3-4 day later she signed a General Warranty Deed with another investor. The other investor agreed to pay all back debts, and $0 to her at closing. Do I have any recourse at all regarding this matter, or am I just SOL?

Re: It depends - Posted by Ed Copp (OH)

Posted by Ed Copp (OH) on June 21, 2001 at 18:13:46:

on your paperwork. That is to say, how good is your agreement?

You can sue the seller for “specific performance” if your paperwork will stand up in court, since she has in essence sold the same asset twice.

It does not sound to me like she has any assets to go after, and therefore might just be a giant waste of time and money.

The other option is to use this as an educational experience, a “seminar” if you will (figure out the cost of the seminar). Some of us have have seminars in the tens of thousands of dollar price range, learn from it.

Re: It depends - Posted by Brandon

Posted by Brandon on June 21, 2001 at 18:26:56:

WE have a good binding agreement where funds were exchanged in the amount of $10 to seal the contract. My question is not the suing of the pre-foreclosure tenant, but to find out if we have any recourse with the investors who have the GWD.