HELP! Signed Contract To Close This Week And Seller Being Uncooperative And Unreachable!
I have a property under contract that I also have under an assignment contract, and we are supposed to close this Thurs. Oct 21. The seller has become uncooperative, and will not provide the title company his SS# for the required custody support search (the property is in Philadelphia). The seller is unable to be reached via telephone or email. What do I do?
This seller originally was extremely motivated. Said he had a job and home waiting for him in VA, and couldn't sell the house fast enough. We signed our contract on Sept. 21, giving 30 days to close, and I signed an assignment contract on Oct. 2. We were ready to close before Oct. 21, but the seller starting stalling, and later said there had been a death in the family which changed things a lot and he had "things" to sort out. In the meantime, I know a lot of investors have been pestering him about wanting to buy the property. I know legally he can't sign with another investor, but I'm not in a financial position to sue the seller for non-performance or default of our contract.
Anyone have any advice? Please help.
Wow! Sorry i'm a littile late on this. I don't know specifics about the deal or the conract but i do know that the Seller has an obligation and needs to follow through with you. If i was in your position, i would contact my lawyer asap. There may be a little fee involved but it could legally resolve this thing and save you alot of time and money in the long run!
File a memorandeum or affadavit of agreement at the court house. Tell the seller that you have a valid signed contract and that you will sue them for non-performance and win, and they will have to pay for your attorney fees. Also tell them about the memorandeum of agreement that that they will not be able to sell to anyone else ... ever.
Brenda