Posted by BTI on May 13, 2006 at 19:55:55:
Verbal from any government agency is worth two cents and the word of a Seller wanting to sell problem property isn’t worth anything. Tell the guy to get it in writing in a timely manner and mention you will need to confirm the letter with the head of the Dept.
land a swamp; buyer wants out - Posted by nik
Posted by nik on May 11, 2006 at 21:26:31:
even tho the purchase agreement sites the contingentcy of health dept. approval as suitable building site, and statement by health dept. specifies the land as NOT SUITABLE, seller stating he will force the sale. Buyers are fearful. Can seller force sale with this issue? I checked hundreds of archive posts. Sorry if I missed it. Thanks for response. nik
Buyer can walk - Posted by John Merchant
Posted by John Merchant on May 12, 2006 at 24:12:05:
Very rarely does a Seller force a Buyer to buy…just doesn’t make sense economically.
Let’s say the court were to rule that the B would be required to “specifically perform” his purchase agreement, but then turned out to be financially incapable of performing. What then?
And the legal cost to drag a reluctant B to court would be much higher than the cost to just go find another, good, motivated B.
So the reluctant B might lose his earnest money deposit, but he isn’t likely to be dragged into court and ordered to buy.
Re: land a swamp; buyer wants out - Posted by BTI
Posted by BTI on May 11, 2006 at 23:31:08:
If your purchase agreement really does have the contingency written clearly, and the contingency cannot be met, and unless he can get the healt dept to change their position immediately he is out of luck. He would have a better chance of suing the health dept and winning, and that isn’t going to happen.
Suggest he contact an attorney and find out what the consequences could be for him if he were to file a frivilous lawsuit.
Re: land a swamp; buyer wants out - Posted by nik
Posted by nik on May 12, 2006 at 05:29:35:
The contingency is clearly stated. The Health Dept. report states “soil type rated severe; exhibits slow permeability at the depth that a leachbed trench tile is installed; a seasonably high ground water table of 0.0’ may not allow system to properly drain…resulting in…back-up of system…” The buyers want to build w/ basement. This is stated on the contingency. Seller is claiming that with a different sewage system the H.D. now says site is OK. This has been verbal. Nothing in writing that I’m aware of. Seller threatening to force purchase based on his claim the H.D. DID reverse itself. Can H.D. do this? We’ve seen nothing in writing. Thanks so much for input. nik