Legal Question in Real Estate Law in New York

Seller reneges / Buyer to file lis pendens?

I recently made an offer on a property in upstate NY and the offer to purchase was accepted and signed by the seller. The seller just now accepted another higher offer after I have already proceeded with inspections, land survey, and while the final contract was under attorney review. I love the house and am wilng to fight for it. My real estate attorney does not hande litigation but suggested that we file a lis pendens and sue. I would prefer that I get the house (sue for specific performance I think) rather than for damages. If I sue for damages can it be for emotional hardship as well?


Asked on 5/21/08, 10:36 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Seller reneges / Buyer to file lis pendens?

You can do neither...by your own admission you have no contractual rights becasue this happened "while the final contract was under attorney review".

Good Luck

RRG

Read more
Answered on 5/22/08, 2:49 am
Michael Markowitz Michael A. Markowitz, PC

Re: Seller reneges / Buyer to file lis pendens?

It depends on the language in the original contract. I litigate a matter (Sabetfard v. Djavaheri Realty Corp. 40 AD3d 838) whereby the parties entered into a binding agreement despite agreeing to a "more formal contract." The original agreement was binding because the document contained definitive contractual terms such as price, date and place of closing, payment of purchase price, type of title given, etc.

As for your second question, an individual does not have a cause of action for emotional hardship in a breach of contract action.

Mike.

Read more
Answered on 5/22/08, 8:28 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York