Posted by Natalie-VA on May 13, 2009 at 13:17:51:
That’s a good point, but I would think a judge would see right through that. The buyer is ready, willing and able. The seller can’t just delay the closing until the contract expires in order to sell to someone else. Or can they?
–Natalie
Seller In Default - Posted by Mike Waters
Posted by Mike Waters on April 30, 2009 at 18:20:16:
I have a contract to purchase a property signed by the seller. After weeks the title still has a cloud and wont be able to be closed for a few more weeks. My buyer said she would extend if she couldn’t close by then well that time has passed and it looks like she is a couple of days away from having the title cleared up (Her Dead Father is on half title she getting it cleared through probate) Well now the contract has expired and I have been ready to close since day one. She is now refusing to sign an extension even though she is days away from being able to have clear title. It turns out she has accepted another offer for more money. She is in default she has been unable to close when I was ready and refuses to extend so I want to file my contract on her property as an interested party. How or what do I do?
Seller’s non-performance - Posted by John Merchant
Posted by John Merchant on June 11, 2009 at 16:12:49:
Seller can normally be made to perform as contracted and will normally buckle so B doesn’t have to actually sue.
So if your RE P&S Agreement is recorded (in a new acknowledged Memorandum of Contract) and you’ll file suit and Notice of Lis Pendens in deed records I’d say S is frozen and won’t be able to move in any direction except as he’s contracted with you.
A Suit for Specific Perfomance is simple to write up and then file in your courts w/o need to pay a lawyer to do so for you. If you’ll contact me directly I’d be glad to help you with this.
Compelling distressed seller to perform - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on May 07, 2009 at 07:50:46:
I could post a big-ol’ bunch of points for you to do here, but to make things simple for you, just move on.
There’s no upside to forcing this person to sell, contract or not, as a buyer. Also, since the father’s interest is being probated, if it’s being sold from the estate, you actually have TWO sellers, even if the personal rep. is the same person (wearing another hat).
Step back, think about how badly you want to step into a heaping pile of ugly, and go focus your energy and efforts onto another deal.
Re: Seller In Default - Posted by Natalie-VA
Posted by Natalie-VA on May 02, 2009 at 16:21:21:
In my area, you would file a specific performance lawsuit and lis pendens to cloud the title.
–Natalie
Re: Compelling distressed seller to perform - Posted by Mike Waters
Posted by Mike Waters on May 07, 2009 at 08:05:31:
I used my Pre Paid Legal Services to send her a strongly worded letter of intent to sue and Filed the Contract at the country recorders as a notice of interest. She reacted to the letter as I hoped she would and has agreed to comply with all my request so it is back to the way it should be. I will be able to close when it leaves probate in a week or so.
Re: Seller In Default - Posted by Bill H
Posted by Bill H on May 07, 2009 at 16:58:09:
He posted, “Well now the contract has expired and I have been ready to close since day one.” …How can you sue for specific perfromance and file a lis pendens on an expired contract.
All you have is a nuisance lawsuit and it will result in a severe admonition from the judge to “Immediately remove the lis pendens…the contract has expired.”
Re: Compelling distressed seller to perform - Posted by DJ-nyc
Posted by DJ-nyc on May 08, 2009 at 09:02:29:
Exactly. 
DJ-nyc