Legal Question in Real Estate Law in Indiana

Harrassment

We recently had to back out of buying a house due to being unable to get the financing needed. We got up to the point of the inspection before we found out. We were sent a letter by the gentleman's lawyer requesting that we follow throughwith the purchase, or there will be legal action taken against up. We sent the lawyer a letter from our lender stating our inability to get a loan and a copy of the contract which states that the contract is terminated if we do not get the neccessary finances for the house. Now the lawyer is continuing to send us letters with knowing that there is no case against us. He even called me at work. We are now wanting to turn around and sue the lawyer and client for harrassment. Is this possible?


Asked on 12/09/08, 3:11 pm

2 Answers from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Re: Harrassment

It is difficult to fully answer this question, since the documents are not available for review to verify the assumption that one lender backing out is a defense to a breach of contract claim by the other side. You should not start talking about harrassment unless you have received a multitude of phone calls from the other side's lawyer.

If you have already sent him a copy of the turndown letter from your lender, along with an explanation as to why you believe you do not have to go through with the purchase, you have done all you can do, other than writing the other lawyer and specifically instructing him NOT to telephone you any mroe regarding this matter. I would also have your contract reviewed by your lawyer (not your realtor) to confirm your defense.

Good luck.

Read more
Answered on 12/09/08, 4:24 pm

Re: Harrassment

First of all, any lawsuit requires that you mitigae your damages. I suggest that you have an attorney look at the letter of declination and contract and then send a cease and desist letter to the other attorney, if what you say is accurate. Usually, a cease and desist letter is sufficient and will solve the problem within a few days. A lawsuit for harrasment will drag on for years.

Read more
Answered on 12/09/08, 4:37 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana