Legal Question in Real Estate Law in Pennsylvania
Real Estate
I want to sell my home. I found a company that took it as is. A man came out and look at my home, he wanted to buy it. Unfortunately we could not move at the date the man and I agree to, due to medical issue. I called him and told him that I could not move, it would have to be at a late date. Now he is suing me for 50,000. I do not sign a contract and there was no money exchanged. Is there anything he can do?
1 Answer from Attorneys
Re: Real Estate
You asked about an aborted real estate deal.
In order to be enforceable an agreement for sale of real property must be in writing (statute of frauds) and must be signed by the party to be charged. Now the court may be able to look at any writings created later (such as letters, notes or emails) and form a contract but those still must have the terms agreed to and must somehow contain a signature (as allowed by low and not necessarily a signature as is commonly percieved).
Second problem that he has is that a potential buyer's remedy is limited to equitable damages. That means that he cannot sue for legal recourse (money damages) as real property is always unique. The only thing that he can win is an order for the transfer of the property upon the terms agreed.
You NEED to hire a lawyer to defend this matter. Just negotiating with the Plaintiff could end up with a lost case or land you in hot water.
Contact a local real estate attorney immediately.
Regards,
Roger
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