Legal Question in Real Estate Law in Maryland

buyers contract

I recently sold a double wide trailer to a client and she failed to meet the required dates for completion of financing for closing the deal. She has already moved in. What do I need to do to enforce the terms of the buyers agreement.

--name removed--Cox


Asked on 10/11/04, 12:30 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: buyers contract

You need to obtain a judgment and then execute upon it. The default provisions in the contract may provide remedy except where inconsistent with law. Certain costs may be assigned to the debtor. Contact me at (410) 799-9002 or by return e-mail.

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Answered on 10/11/04, 10:13 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: buyers contract

Your question is a little bit confusing.

You say you sold the trailer, but the buyer did not qualify for financing for the sale. I will assume that this means that she signed a purchase and sale contract, but could not close due to lack of financing. If true, this would mean that she probably does not have legal title to the trailer. Depending on the circumstances, you may be able to cancel the sale, if title has not already passed.

You do not explain why the buyer was allowed to actually move in to the premises if she was unable to close the transaction. However, if she is residing there without owning the property, then she is a tenant, and applicable legal eviction proceedings must be followed to remove her.

Regarding other remedies, specific performance seems pointless, as she is unable to complete the transaction due to inability to get financing. You may have a cause of action for monetary damages. Consult your attorney.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/12/04, 9:41 am


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