Legal Question in Real Estate Law in Florida

Seller trying to make me purchase a home

I recently put an offer on a home and the apprasiel came back at 27k less than the sellers price. The seller would not negotiate. So I didn't want to purchase the home. The contract says that I only have to approved for 80% of the appraised value. I honestly think the owners knew this because it's been on the market about 1 year. My lender has denied my loan due to Insufficent collateral but the law firm for the seller is pushing on. They're saying I can be approved. What can I do?


Asked on 5/09/07, 9:25 am

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Seller trying to make me purchase a home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The Seller's attorney is trying to exert pressure with an untenable position. If you have a mortgage contingency and the lender has denied your loan you will generally have a valid right to cancel the contract providing you applied within the timeframe required under the terms of the Contract.

As has been suggested, you should consult a qualified real estate attorney who can review the terms of the contract and provide you with specific advice regarding your rights and obligations. Good luck.

Scott R. Jay, Esq.

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Answered on 5/13/07, 11:15 pm
Michael Stewart Michael D. Stewart

Re: Seller trying to make me purchase a home

You should get your own lawyer immediately or you could get sued or lose your deposit, if any.

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Answered on 5/09/07, 9:46 am
Johm Smith tom's

Re: Seller trying to make me purchase a home

Mr. Stewart is correct. You will need to change your posture as they have involved their lawyers. So you will need to have an attorney advising you if you want to increase your chances of coming out of this well.

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Answered on 5/09/07, 10:40 am
Richard Georges Richard M. Georges, P.A.

Re: Seller trying to make me purchase a home

You need to consult with a real estate lawyer in your area immediately. You need written confirmation that you did not qualify for the loan, you need a review of the contingency clause of your contract, and you need to document your failure to get a loan commitment in writing.

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Answered on 5/09/07, 10:40 am


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