Legal Question in Real Estate Law in New York

Re: Seller Breech of Contract

You would have an action against the sellers of the house, not the relocation company.

Assuming that the sellers failed to close on a written contract and assuming that the contract was not contingent on the sellers moving to Virginia, you would have 2 options.

The first option would be to sue for specific performance. In other words, a receiver would be appointed by the Court to sign the deed and collect the money. Money would be delivered to seller and ultimately the seller would be evicted from the house.

The second option is to find a similarly situated house. If the cost of the house is greater than the house you originally intended to purchase, you would receive the difference as damages, together with any out of pocket cost.

Mike.

Re: Seller Breech of Contract

I would need to see the contract before giving you a proper assessment. You may be able to compel the seller to close and/or sue for damages. Have they actually told you that they do not intend to close? It may be that they simply need more time - depending on the cntract language, you may or may not have to accommodate them. Whatever the case, you should make sure that your attorney is on top of this. Please call me at 212-367-9167 if you want to discuss this further.

Re: Seller Breech of Contract

Your claim is against the seller of the house, who signed the contract and not against the seller's advisor, the relocation company.

In addition to asserting a claim for specific performance, i.e., forcing the seller to sell you the house, you would have a damages claim -- not only for the cost difference of purchasing a similiar albeit more expensive home but also if you have to incur, say, rental expenses for living somewhere in the interim.

I am assuming you already have a real estate attorney helping you in the sale of your home and the purchase of the new one. What you want is a real estate litigator, someone who deals specifically with problems such as these, i.e., failed real estate deals.

If you'd like, I know of someone in New York (not me) who would be well-suited to help you.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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