Legal Question in Real Estate Law in Pennsylvania

Seller refuses to sell after signed purchase agreement

We are in the process of buying a home for sale by owner. The owners are divorced and she is remarried. The exwife wants closing to be when it is only convenient for her and her exhusband and us need it sooner. They both signed a purchase agreement and we can close on Aug. 5th. My mortgage broker states her new husband called to change the date of closing so we called them(the seller) now she refuses to sell us the house but her exhusband still wants to sell to us and close on the 5th. We were told we can sue them but for how much and what else can we do since her name is on the deed and the mortgage? Can the exhusband do anything to still sell it to us? He is being nice and everything is fine with him, it is her.The mortgage broker told me we can sue so we need to know what to do.We still want to buy the house and we can still close next week but she is being horrible. They do not work and she does not have the house cleaned out and she left it in April, she signed the purchase agreement on July 17th.I know if I sue her I have to sue the exhusband too but we only want her, not him.I need a referral for a good attny. that will possibly do this with out much money up front and payment after damages are rewarded if possible.


Asked on 7/27/05, 8:49 am

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Seller refuses to sell after signed purchase agreement

You can not force someone to sign the deed. However, I suggest you obtain legal counsel. If the wife can not attend settlement on the date specified, she can sign the deed before hand or execute a power of attorney to allow someone on her behalf to sign the settlement documents. This would be reasonable. However, in a divorce situation reasonable people react emotionally. That is the difficult part. You can sue. The court will order the transfer. I advise you to hire an attorney may help the situation. Gerald Hershenson Esq. 215-579-9390

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Answered on 7/27/05, 9:22 am


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