Legal Question in Real Estate Law in Nevada

unfullfillment of a contract

We found a home for sale, our bid was accepted and we entered into an escrow period over 1 month. The house was listed as ''ready to close.'' The owner had put it into a trust for his children because he is supposedly dying and went to Mexico for treatments. We are working with our real estate agent, the owner's agent, and a title company (we have title insurance). Three days before close it is brought to our attention that there are significant tax liens against the house, a former escrow that had fallen through, and other possible liens. The other people involved knew but did not disclose this to us before. Escrow was extended 3 days with assurance that everything was being taken care of. On the next closing day other liens come against the house and escrow is extended. One of the companies this time is a company set up by the man with his children as owners, issuing a false lien against the house. His real estate agent also has a lien against the property from previous outstanding debt. All parties have agreed to allow the house to sell and let the courts decide on division of the assets from the sale. Now the owner refuses to sign the papers to release the house, even though it is supposed to be in a trust. Can we get the house?


Asked on 9/29/03, 8:29 am

1 Answer from Attorneys
Michael Johnson

Re: unfullfillment of a contract

If the seller will not perform, you can bring an action to compel performance. The liens are likely irrelevant if they are merely monetary and can be paid out of escrow.

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Answered on 10/03/03, 6:15 pm


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