|
Simon wrote:
>
> Here's the scoop: Seller missed the close date, we did not and signed
> the paper work and left the cashier check for buyer with the closing
> agent. We called seller, got the answer machine and told him we
> signed papers, left check and he need to get there to sign and collect.
> THEN our attorney writes a Demand to Perform letter. Once they get
> this, they date a letter PRIOR to the close date, canceling the
> contract on bogus grounds and send Certified mail BUT we tracked the
> cert number and see it wasn't posted until the day AFTER the close.
>
> What's our options?
How badly do you want the house? If it actually happened the way
you describe it was fraud. You could pursue performance and
criminal fraud filings. Likely the fraud case would be dropped the
day you took title but it's an option.
Maybe you could point out that they have commited fraud and
suggest they complete the sale. It would cost them less to
complete the sale than to defend the criminal case.
Or maybe you could offer to back out for the low-low price of a
few thousand dollars more than your ernest money plus
whatever costs you have encurred and you'll graciously not
file a fraud case.
I'm not a laywer and my ramblings have no standing.
|
|
Re: Seller skipped close date...
