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4 days from closing Seller wants to back out...

By
Real Estate Agent with Allen Tate Realtors

Got a call today from the listing agent on a home that is scheduled to close this Friday in which I am the buyer's agent.  Said listing agent proceeds to tell me that the wife (seller) has lost her job and thus won't be able to qualify for the new home they were buying and no longer wants to sell...

What does this have to do with them being ABLE to sell to my ready, willing and able buyer who just purchased furniture for the home yesterday?  Absolutely nothing!  My buyers are consulting with their attorney and planning to sue for specific performance and also have the attorney file a "lis pendens" - I'm not an attorney, but I'm told this would prevent them from ever being able to sell their house -- The attorney has stated that the buyers would have a 95% chance of winning this case and should proceed if necessary.  Hopefully the sellers will use good sense and just close and move on.  After all, if they couldn't buy the new house without both incomes - what was to prevent this from happening NEXT Monday after the deal was done?  They are already in an apartment - they may have to stay there awhile.  I don't mean to be insensitive to their situation, but I have to protect the best interest of my buyers.

Anyone who has experience with this type of thing, I would love to hear your feedback on this.

Posted by

Ashley Myers


 

Jody Lautenbach
Century 21 Premier Associates - Pella, IA

I've had it the day of closing the buyer backed out - this one ended with attorney's involved and a settlement to the seller.

Mar 02, 2010 05:01 AM