Legal Question in Real Estate Law in New York

Breach of Contract

My fiance signed a sales contract to purchase a home with me. He has decided not to go through with this and has moved out of the house. I wanted to know if there is anything I can do at this point as I am now unable to purchase the home without him. I now need to find a place for myself- my 2 children and my parents to live. We are currently living in the home we wanted to purchase.


Asked on 7/26/05, 3:45 pm

1 Answer from Attorneys
John O'Donnell Attorney at Law

Re: Breach of Contract

Unfortunately, it appears that you have little legal recourse if it is your intention to live in the house long-term.

Both you and your fianc� are bound by the terms of the contract of sale. If you are unable to complete the purchase, the seller is entitled to any remedies specified in the contract. This can often mean that the seller can keep the down-payment, and can then put the house back on the market.

If you did make a down-payment, then your fianc� may not wish to lose any down-payment money that came from him. Thus, both of you may want to consider whether you should continue with the purchase. You can decide on how to deal with the house afterwards (e.g. sell it, rent it, or live in it).

Best of luck.

Read more
Answered on 7/26/05, 5:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York