Legal Question in Real Estate Law in Virginia

Buyer did not honor contract guidelines for purchasing a home

What are the sellers legal rights when the buyer has reneged on the contract in regards to purchasing a home? I am the seller and currently resides in another state. The home was leased to the buyer for three months so the buyer could accumulate the closing cost, with the closing date set for the end of the three months. This was all included in the contract. As of today we have not closed, nor have I received the mortgage payments for the past 3 months. Can I evict them immediately? What can I do leagally at this point? Please advise. Any assistance you can offer is appreciated. Thank You.


Asked on 1/07/02, 11:34 pm

4 Answers from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Buyer did not honor contract guidelines for purchasing a home

Those people are no longer considered "buyers". "Squatters" is a more accurate term. Hire an attorney and evict them immediately!

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Answered on 1/08/02, 11:17 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Buyer did not honor contract guidelines for purchasing a home

I would need to review the contract in order to share any meaningful thoughts concerning your rights and remedies. Generally the options are (1) making a claim for specific performance, which essentially means asking the court to enforce the terms of the contract and force the buyer to purchase the property; (2) recovering the money damages you suffered as a result of buyer's breach of the contract, then keeping the property. Alternatively, in light of the "rent while you get ready to close" aspect of your deal, you can file an eviction action seeking not only a final judgment for possession, but damages for unpaid rent.

You definitely require legal counsel. Seek the advice of counsel and good luck.

Peter A. Gonzalez

Coral Gables, Florida

305-445-0937

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Answered on 1/07/02, 11:40 pm
Daniel Press Chung & Press, P.C.

Re: Buyer did not honor contract guidelines for purchasing a home

I will reiterate what Peter Gonzalez said - you need counsel to review the contract, and the options he gave are probably going to be your choices. What I will add is that the lawyer should be in the state where the property is located, as the specifics of real estate law vary widely from state to state. It's not clear whether your property is in VA or FL, but if it's in VA, I may be able to help.

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Answered on 1/07/02, 11:47 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Buyer did not honor contract guidelines for purchasing a home

Generally, I agree with what was already stated. However, I would add that you should immediately start eviction proceedings. To evict a tenant, you need to follow specific rules (see Florida statutes). You can't just change the locks, and toss their property to the curb.

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (offices in Tampa & St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 1/08/02, 7:57 am


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