What to do if Itried to purchase a house and I went to closing but they did not?
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What to do if Itried to purchase a house and I went to closing but they did not?
I have incurred expenses that are non-refundable and the owner and her real estate agent will not sign off on the document so I can get my earnest money back. Can I put a lien on the house? I do have a signed document where she agreed to the offer.
Asked on January 19, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a valid contract to purchase real property and you are ready, able and willing to close escrow but the seller refuses to close, I suggest that you consult with a real estate attorney about how to resolve the impasse. One way is to file a specific performance action where you ask the court to enforce the contract to purchase the property.
As part of the specific performance action, you can record a document on the home called a "lis pendens". If your contract has an attorney's fee provision in it in the event of litigation regarding the contract, you could be awarded the reasonable attorney's fees in the matter if you prevail by the court.
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