Legal Question in Real Estate Law in California

Seller Cancel Contract Without Reason - Buyer Rights?

We entered into a contract to purchase an property and the seller has told the agent he is not interested in selling the property any longer for various reasons. We are 7 days into the contract and completed inspections today. What are our rights as buyers for the seller's breach of contract? We believe the seller is soliciting other buyers as a for sale buy owner instead of using his exclusive broker arrangement.


Asked on 4/23/03, 1:20 am

5 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Seller Cancel Contract Without Reason - Buyer Rights?

You may have a right to file a specific performance lawsuit for the property and put a Lis Pendens to tie it up until the Seller sells to you at the contract price. Please call Mary at my office number 714 363 0220 in order to set up an appointment for consultation.

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Answered on 4/23/03, 10:00 am
Joel Selik www.SelikLaw.com

Re: Seller Cancel Contract Without Reason - Buyer Rights?

You can force sale or, possible sue for damages.

Joel Selik

Attorney at Law/CA Licensed Real Estate Broker

800-894-2889

www.sandiegorealestateattorney.com

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Answered on 4/23/03, 10:16 am
Sandee Chadwick LAW OFFICE OF SANDEE L. CHADWICK

Re: Seller Cancel Contract Without Reason - Buyer Rights?

As the other responses indicate, you should be able to sue for specific performance and/or damages. The contract likely requires you to take certain steps before you file suit. So you should contact an attorney quickly to figure out how you would like to proceed.

Please feel free to contact me to set up a consultation. My telephone number is (818) 710-7110.

Thank you and good luck.

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Answered on 4/23/03, 10:40 am
Jason Hsu Una Law Corporation

Re: Seller Cancel Contract Without Reason - Buyer Rights?

Since land is unique, you would indeed have an action for specific performance and also for damages as to any losses you incurred as a result of the breach. You should have an attorney review your contract.

Whether you are in northern or southern California, we may be able to assist you through the legal process from our attorney network.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 4/23/03, 4:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Seller Cancel Contract Without Reason - Buyer Rights?

from the facts given, basically you can sue for two distinct remedies: 1) specific performance of the land sales contract in which the seller MUST sell the property to you at the stated contract price without excuse, or 2) breach of contract damages, in which you can sue for the difference between the current market value of the home and the contract price you were supposed to get the home for thru the seller, whichever is larger.

if you would like further legal assistance on this matter and/or representation to help ensure you get justice here, just contact my Law Firm today.

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Answered on 4/23/03, 6:59 am


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