Legal Question in Real Estate Law in Maryland

Real Estate Contract

A buyer signs a contract after securing a pre-approved loan. The settlement date has past due to some unforeseen circumstances which buyer has no control. The seller now wants to terminate the contract. We are told closing will be soon. Can the buyer sue the seller if he/she fails to show up at closing?


Asked on 4/05/07, 11:11 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Real Estate Contract

The answer to your question depends a lot on the language in the contract and what took place after you became aware that the settlement date was going to expire. If there are justifiable grounds for delaying settlement, and the seller fails to appear on the designated date, the buyer could file a suit for specific performance. The suit would place a lien on the property during the pendency of the litigation. Usually this motivates the seller to go ahead with the settlement, even if he thinks he was justified in initially refusing to do so.

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Answered on 4/05/07, 11:58 am


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