Legal Question in Real Estate Law in New York

Buying from a mentally ill person

I am 7 weeks into buying a home and have a signed contract. This owner has mental issues which I was not completely made aware of. All I was told is he had three properties he had to get sold so 'they could move him into a more suitable situation'. Because the owner was incapable financially or mentally to fix the electrical and asbestos problems which would have held up the sale, I had the work done. He and his agent told it could no no further until the house could pass inspection and since I was applying for a loan I would need to do the work if I wanted it to go through. Now the guy has associated me with the ongoing harassment me has been getting from his neighbors for years and refuses to sell me the house! I said hello to the next door neighbor and now he thinks I'm in a plot to get his house! Can I legally force the owner to go through with the sale? He has taken up precious time I had to find a home and now because of the money I've sunk into this, I don't have the money for closing to look for another property and will pay more for a house altogether as the spring has come and the local market is very competitive. I have to look in bad neighborhood now. The local property values have tripled in 3 years. Help!


Asked on 3/26/08, 2:04 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Buying from a mentally ill person

You can commence an action for specific performance. However, the law concerning your obligations before commencing an action are complex and specific. You should consult an attorney before you proceed to hold the seller in default.

Mike.

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Answered on 3/26/08, 8:20 am


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