Legal Question in Real Estate Law in Utah
Hello,
Recently my brother and sister-in-law accepted a purchase offer on their home in Bountiful, Utah. After the inspection the buyer asked them to several repairs to the home which they agreed to�all the repairs were complete at their own expense.
With everything sailing smoothly towards closing, they put down earnest money toward a new home, set a closing date, and packed up 95% of their belonging (paying to store them in Pods) in preparation to move.
On the day of the closing they showed up at the title company and signed all the necessary documents transfer ownership of the buyer. But the buyer did not show up. Her agent later stated she no longer wanted the house and would give up her earnest money and asked my brother and sister-in-law to sign papers releasing the buyer from the contract. They did not.
My question is, what is their legal recourse? Give that they fulfilled their end of the contract, can they force the buy to continue with the sale? And/or are they entitled to compensation from the buyer for the money out because the sale fell through (e.g. the earnest money they will lose on their new, moving/storage expensive, the cost of the repairs the buyer requested as part of the contract)? What about compensation for emotional distress? With 2 small children, living with all you stuff packed up and unable to even put up a Xmas tree is not ideal.
Thanks!
1 Answer from Attorneys
Their legal recouses is to sue for "specific performance" that requires the seller to complete the contract. They may also sue for their expenses, and they should get their attorney fees. They wu
I will give them a free consultation. I have handled these matters before.
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