Legal Question in Real Estate Law in Florida

Seller backing out of contract

After closing, the seller is attempting to back out of the deal! We have paid for inspections, homeowner's insurance, as well as an appraisal! The sellers just simply said they don't want to sell! Is this legal? We were at closing with the contract with all the parties signatures? How do we get our money back? Are entire apartment is boxed up because closing was last Friday! We have just been in limbo! To make matters worst they are attempting to move back into the house! Do we have have any legal ground?


Asked on 7/08/07, 11:39 pm

4 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Seller backing out of contract

yes, as long as all is in conformity with the contract, you can sue now.

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Answered on 7/08/07, 11:58 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Seller backing out of contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once the closing has taken place, you own the property. I do not understand how the Seller can back out now. The title should have been transferred and keys provided to you at closing.

You need to consult with a qualified real estate attorney immediately. The seller does not have any right to take the property back or to move back into the house. You have legal rights which can be enforced in a court of law.

Scott R. Jay, Esq.

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Answered on 7/09/07, 12:47 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Seller backing out of contract

Follow Mr. Jay's advice.

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Answered on 7/10/07, 1:12 pm
Johm Smith tom's

Re: Seller backing out of contract

These guys are correct. I would personally change all the locks and move in. Getting them out will be more complicated than keeping them out.

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Answered on 7/09/07, 11:34 am


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