Legal Question in Real Estate Law in North Carolina
Breach of contract on home
We are scheduled to close on our new home in 2 weeks. The owner(a real estate agent) contacted our realtor this am and told her she is not selling the home (no reason given). She understands she can be sued.
We sold our home following the purchase of this home and will have no where to live following our close=ing date with our buyer(it took us over a year to find this home). We have 3 y/old twins and can't imagine moving into temp. housing or the expense (my personal guess is the realor does not have the financial means to pay for it). Our agent works as a realtor under the samer company as the seller who has breached contract. I am not feeling much support in pursuing a law suit and am starting to wonder if it may be because they both are employed for the same agency.
Please advice.
2 Answers from Attorneys
Re: Breach of contract on home
If you and the seller executed the "offer to purchase and contract," then the seller should be obligated to sell, and you probably have some legal remedies. You may need a lawyer to intervene on your behalf. This agency situation is not too uncommon, and they would typically have asked you to sign a form consenting to the representation. Nevertheless, your agent does have duties to you, and should avoid conflicts of interest. You probably need to consult with an attorney who practices in this area.
Re: Breach of contract on home
Your options are to contact a real estate litigation attorney and sue the Seller for specific performance (meaning that the Seller has to sell you the home). Or contact an attorney and sue the Seller for breach of contract - and try to recover damages without buying the property
Or walk away and forget about it.
You also need to move quickly, especially if you are trying to sue for specific performance. If the Seller sells to someone else in the interim before you file a lis pendens, you may be out of luck as far as that action goes.
As you can see, this is complicated and you need to consult with an attorney right away.
- Jeff
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