Legal Question in Real Estate Law in Texas

Seller won't sell

We are a week or so from closing, listing agent calls and says seller changed their mind about selling. Listing agent called last night to inform that sellers don't want to sell What options are available for buyers? Mediation box was checked yes. How does that work?


Asked on 5/09/07, 7:16 am

1 Answer from Attorneys

Bobby Warren Patel & Warren, PLLC

Re: Seller won't sell

Assuming you have used Texas Real Estate Commission (TREC) forms, you should have some very strong remedies available.

If you absolutely want the property, you should be able to file a lawsuit and ask the court to force the sellers to go through with the sale of the property. In addition, you should be reimbursed for any attorney fees incurred.

The mediation clause, depending on how it is worded, may require you to go to mediation before or after the lawsuit is filed. Mediation is a non-binding means of alternative dispute resolution. A mediator (a neutral third party) works to help facilitate negotiations between the buyer and seller. This is done in the hope that everyone can reach an agreement and avoid the costs of litigation.

I would recommend that you consult with an attorney as soon as possible to review the contract and best determine how to proceed from here.

Read more
Answered on 5/09/07, 9:23 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas