Legal Question in Real Estate Law in California
land purchase / seller balks at closing
seller draws up contract which is agreed upon by both party's...at escrow closing seller advises title company (without reason) NOT to accept $5000.00 to open escrow. original contract signed only by buyer...does ''specific performance'' pertain? Does the buyer have any recourse to make seller go through with sale?
3 Answers from Attorneys
Re: land purchase / seller balks at closing
In order to enforce an agreement to sell property in California, the agreement must be in writing and signed by the party to be charged, or substantial consideration must have been paid by the purchaser. As the seller never signed the agreement, and as you never paid for the transfer, you have no enforceable agreement.
Re: land purchase / seller balks at closing
No.
Re: land purchase / seller balks at closing
Without the seller's signature on a contract, you wouldn't be able to get specific performance......but the fact that there was an open escrow at all, absent the parties being "in contract," is kind of a head-scratcher. Why were you heading toward a closing of escrow without a mutually-signed contract of sale? Sounds a bit irregular to me. Do we have all the facts?
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