Legal Question in Real Estate Law in Pennsylvania
Tortious interferenece as bargaining chip
I party A (buyer) have a petition pending to enjoin party B(seller) from selling a NJ property to party C (3rd party) on the grounds that such sale breaches sellers contract to sell same property to me. (Note: contract between buyer and seller omitted a definite settlement date thus seller's argument against being enjoined.)
Pennsyvania atty representing seller in other estate-of-husband matters has threatened suit against buyer for tortious interference unless buyer (that's me) agrees to drop my petition.
Is this legal? An abusive of process? Will the court uphold this if they follow through with suit.
2 Answers from Attorneys
Real Estate Sale Injunction
If you have a legitmate agreement of sale andcan show that you are ready willing and able to purchase the property in question you have anabsolute to seek an injunction. I believe thatyou are not liable for tortious interferenceif you meet the above standard.
tortious interference as bargaining chip
If your agreement of sale with rhe seller does not have a settlement/closing date, it may be found to lack an essential element of contract. You should have a NJ attorney review the actual agreement and any other documents involved, to determine how valid and how strong your position is.
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