Legal Question in Real Estate Law in Texas

Seller wants to back out.

We signed a contract to purchase a home with a closing date of 4/30. This was the standard Texas Realestate Commision form available on their website. No provisions were added to the contract. The seller was laid off yesterday and wants to back out. What can we do to insure the sale goes through? What happens if he refuses to sign at closing?


Asked on 4/12/01, 12:27 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Seller wants to back out.

If the closing is scheduled, be sure and show up at the title compnay, ready to perform. That means with your down payment, lender ready to fund, and both of you there to sign whatever is needed. Insist that the title company closer tender to you all the buyer's side documents, and sign them. If no closing is scheduled, send the TC a letter requesting one, copy to the seller. Use the notice address given in the contract. State in the letter that you are ready, willing and able to perform. If the seller still won't close, you may have to sue for specific performance; if things get that far, call me at 713-527-9190 and we can talk about how to proceed. You may be able to get judgment against the seller for your attorney's fees, as well as the house, if you win.

Read more
Answered on 6/12/01, 6:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas