Legal Question in Real Estate Law in Georgia
real estate contract breach
I signed a contract to sell some land my husband and I own. He was out of town and when he came back, he said he didn't want to sell. I had already told the buyers he would sell. They are ready to file suit for specific performance. Can they make us sell the land without my husband's signature? Even though I lead them to believe (truly) he would sign??? An attorney told me to go the closing and sell my share...Which they will probably not want. Will a judge make him sell his portion?
3 Answers from Attorneys
Re: real estate contract breach
You need to have an attorney review the contract. My first question is whether the contract is contingent on the signed seller (i.e., you) has to capacity to convey title to the property. This is just an example of legalese to look for. If that contingency is not there, technically the buyer could sue you for specific performance. However, unless the price is a heck of a bargain, I doubt the buyer would want the hassle.
Re: real estate contract breach
You probably need to hire an attorney to represent your interests. By doing so, you will have the advantage of having an attorney who can deal with the other parties, rather than dealing with them yourself, which may result in increased risk of liability.
Re: real estate contract breach
Probably not, but you definitely need to consult an attorney to protect your interests in the matter.