Legal Question in Real Estate Law in Washington

Re: Seller backing out of signed P&S contract

Having read the earlier post, I will try not to repeat what's there, but rather supplement it. First, know that specific performance as a remedy, means you could force the seller to sell you the property. This assumes a judge grants this to you.

What is equally, if not more important, is if you are dead set on getting this property, you need to file a breach of contract and a lis pendens to prevent the sale of the home to a third party.

That ought to get the seller talking pretty quick. If my firm can be of assistance, please feel free to call us at (206) 223-9510.

Re: Seller backing out of signed P&S contract

Dear Buyer,

The following answer is going to be fairly general, because without seeing the contract I am not able to give you advice specific to your situation. That being the case, I still may be able to be of some assistance here.

The general rule is that a Purchase and Sale agreement signed by both parties is enforceable, and breach of the contract by either party will usually entitle the non-breaching party to remedies such as specific performance of the contract or other damages. Remedies available will depend upon the specific circumstances of the situation, including the language of the contract. If the signed purchase and sale contract never included the vacant lot in any fashion, then the seller is likely in breach of the contract, and the buyer is likely entitled to remedies for breach.

As for what you can do next, you have a couple of options. You can contact the Seller, and remind him of the general rule of contracts, and see how that works out. That may be enough to get him to follow through. If it is not, I suggest that you take your P&S contract to a Real Estate attorney, who will then be able to review it and advise you of appropriate actions. If you find that you require the services of an attorney, please do not hesitate to give me a call.

Sincerely,

Julia A. Youngs

(425) 284-4458