Legal Question in Real Estate Law in Maryland

Seller backed out of agreement..

I hope I am posting this in the correct area. I was in the process of buying a house from my landlord (another property he owns still being built), we signed a contract with Ryland Homes, stating myself and the Landlord on the Agreement. I was pre-approved for a loan, and was in the process of finalizing it, when my landlord decided he wasn't going to sell it to me, he would keep it for himself. He was selling the house to me for $302,000, and the house was appraised at 400,000, that's why I feel he backed out. Is this paperwork from the builders (Ryland Homes) binding? I am in the military set to get out, and turned down numerous job offers in other states because I was buying this house and planned to live there with my family. When I mean turned down, I mean these jobs offered $20,000 more then the salary I would get paid here a year. I just am very upset, and don't know where to go from here. Thanks for any help you can offer.


Asked on 10/09/06, 8:54 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Seller backed out of agreement..

If you have a binding contract to buy the property from your landlord, who I assume owns the land on which the property will be built, then it would be enforceable in court. You would have to file a suit for specific enforcement, which would prohibit the landlord from selling the property to anyone else while the suit was pending, and would seek a court order requiring him to go through with the contract.

I suggest you retain an experienced real estate attorney who can review the contract and can determine its enforceability. Perhaps a strong letter from a lawyer to the landlord would persuade him to move forward with the transaction without having to go to court. I have represent clients in your situation and we've been successful at solving the problem this way.

Robert Sher

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Answered on 10/09/06, 9:44 am


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