Legal Question in Real Estate Law in Virginia
Mobile Home Sell
My mother just sold her home to an individual. He put down 5000.00 in deposit, and requested that the remainder be paid in 2 weeks. My mother moved out to allow him to move in early, after a few nights at he home, he wants to back out of the sell. What recourse does my mother have to pursue full resitution of the sell price. The reason he sited was that traffic on I 95 was keeping him awake. (5 was there when he viewed the property, and there is no other issue that he is sighting. Is the fact that he moved in proof that he took ownership?
1 Answer from Attorneys
Re: Mobile Home Sell
No, the fact that this buyer moved into your mother's home(a big mistake on her part) is not proof of his ownership; the contract which he signed would be much better evidence of his ownership.
Your mother's recourse is to enforce through appropriate court action the terms of the purchase agreement which presumably this buyer willingly signed as an adult in full possession of his faculties----before he got "cold feet" with respect to the deal after sleeping in the structure for five days along I-95.
And, of course, it should go without saying, that under no circumstances should your mother refund any part of the earnest money which was deposited with her by this now, apparently, defaulting buyer.