Legal Question in Real Estate Law in New York

cancellation of contract agreement and buyer's lis pendance lawsuit

can someone who cancels contract for sale due to the buyer's inability to close as agreed upon in the contract for sale and time of essence letter (which buyer's attorney rejected). can a lis pendance suit be filed against the seller and if so how does this work


Asked on 3/02/04, 1:41 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: cancellation of contract agreement and buyer's lis pendance lawsuit

The lis pendens is filed in the County Clerk's office and notifies any other potential buyer that a suit is pending which may affect the title to the property.

Essentially, it makes the property unsaleable until the lawsuit is ended.

This is a free country. Anybody can sue anybody else. It would appear that these folks either still want your property, or they want some of your money.

See a lawyer ASAP.

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Answered on 3/03/04, 7:07 am
Walter LeVine Walter D. LeVine, Esq.

Re: cancellation of contract agreement and buyer's lis pendance lawsuit

While you have the right to file the lis pendens, which notifies the world of a pending suit, be careful because if there is no merit to your claim, you are creating an exposure to a damage claim if you lose the case and a replacement sale is lost. There are no facts specified on the merits of the claim so no opinion is expressed as to the legitimacy of the claim. Also, traditionally a time of essence letter cannot be rejected. Again, no opinion is expressed on its legitimacy.

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Answered on 3/03/04, 10:54 am


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