Legal Question in Real Estate Law in Florida

The seller of a house does not want to sell

The seller of a house does not want to sell. The seller is relocating to a diferent state for work. His wife desided not to move with him. After the contract was signed, the wife desided not to sell. The buyer made an offer and it was countered by the seller, the counterofer was accepted by the buyers, and the same day after signing the contract the wife desided not to move and stay in the house. What are the alternatives of enforcing this contract under the condition of anticipatory breach? Can the seller by forced to sell under specific performance?


Asked on 4/23/04, 6:13 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: The seller of a house does not want to sell

As the buyer you should take all necessary steps to close pursuant to the contract, on a timely basis, so you can be ready, willing and able to close on or before the closing date. If the sellers decide to breach the contract by refusing to close, then you may have a claim for specific performance which would seek to enforce the contract and obtain a final judgment ordering the transfer of title from sellers to buyers with the purchase price being tendered to the buyers, with a reduction (set-off) of the purchase price for all costs and attorneys' fees associated with buyers' enforcement of the contract. Of course, without reviewing the contract, I cannot provide you with any specific recommendations for your particular situation. You should not make a move until you consult with and/or retain a real estate lawyer experienced in civil litigation that will have to review all of the documents relating to the transaction. Good luck.

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Answered on 4/23/04, 6:43 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: The seller of a house does not want to sell

The previous reply says it all. However, when you consult with your attorney, you should discuss steps to take to prevent the house from being sold to a 3rd party during intermediary time.

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Answered on 4/23/04, 7:29 pm


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