Legal Question in Sexual Harassment in Illinois

Sellers backed out of a legal contract

Through their realty representative my niece and her fiance` made an offer on a home that was up for sale. The seller counter offered and it was accepted by my niece and her fiance`. Approximately three days after signing all documents, the seller decided they didn't want to sell, sighting the husband had lost a large account at his employment. The sellers were notified that the buyers would proceed with the sale. The sellers would not allow home inspections to be done. My niece is getting married in 2 months and this has caused a lot of lost time in having this finalized. The closing is still scheduled for June 3, 2005. What can they do? Thanks in advance!


Asked on 5/23/05, 7:55 am

2 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Sellers backed out of a legal contract

Hello. In my opinion your niece and her fiance'

have grounds for a lawsuit.

From the facts that you have provided I cannot determine whether they paid the seller earnest money. Nevertheless, they have suffered what I would call (incidental damages) as a result of the seller turning down their offer to purchase. Of course many real estate contracts contain a

provision that allows the seller to back out of

a real estate deal and to return to the buyers

their earnest money in lieu of any damages. How-

ever, in this situation I am of the opinion that

your niece and her future husband have lost more

than earnest money. Furthermore, one might argue

that the sellers operated in bad faith while the

deal was being put together. I will be happy to

answer any additional questions that you might

have.

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Answered on 5/24/05, 12:59 am
Nydia Molina Shestokas & Raines

Re: Sellers backed out of a legal contract

Real estate is unique and if there is a proper contract they can sue for specific performance, that is the seller can be made to sell under the terms and conditions of the contract. The problem is that can take significant time. Certainly, they can go to court for an order to conduct the home inspections as well as forcing the sale. Other possible remedies may be in the contract, and without seeing the contract it would be difficult to comment further.

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Answered on 5/25/05, 1:09 pm


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