Real Estate in question is a 4acre piece of wetlands, land locked on 3 sides with a creek flowing through the upper half, which is accessible by a private road. Spot is ideal for camping and fishing. If it matters, this is in Washington State
The story:
Seller is selling a 4 acre wetlands plot to a neighbor adjacent to their property, as is. The seller price to the neighbor was 30k. The neighbor has a major interest in the sale due to a housing structure, built without permits and ontop of the property line, over hanging sellers land by approximately 12 inches on the structural corner of the building by the buyers previous land owner. Building has no power, water, septic, or gas. Nothing in it is built to code. But the buyer wants to keep it.
During negotiations buyer sent a quote to seller for removal of construction debris, claiming it to be on sellers land, insisting seller must pay for removal or charges would be filed against seller for leaving construction waste on wetlands real estate disregarding the "as is" stipulation initially agreed upon. Sellers agent suggested meeting in the middle, and a compromise was agreed to. Both parties would pay half so negotiations could continue. The construction materials in question had been on buyers' property ever since they obtained it, but just out of view due to thick brush, making it only visible from sellers' property.
The seller, a non US citizen, took the opportunity to view their property and discovered trees had been recently cut, items that had been on the property before the seller owned it were cleaned up, No Trespassing signs placed by the seller had been removed and property line fencing was missing. What else had been done without informing the seller. The seller located property line markers confirming previous accusations of construction materials being on the sellers land to be illegitimate lies and discovered the buyer had not cleaned up the construction materials but had charged the seller claiming they did. The buyer clearly tried to reduce their own costs even if it meant lying.
The sellers' findings were brought to the buyers' attention. Resulting in the buyer addmitted to having hired contractors with cainsaws to cut trees, remove property line chain link fencing, that was put up by a different neighbor, clearing deck planks and fence boards the buyer had requested be kept as the builds deck overlaps the seller propery by more than 5 feet. The buyer was told, as is, then tresspassed and hired contractors that also trespassed prior to starting negotiations of property sale and of their own volition. Seller was completely unaware that the buyer had tresspassed, hired contractors, removed signs, and damaged their land without requesting permission.
The buyer had not invested any money at this point. The buyer has trespassed and violated sellers' property without their permission, lied about cleaning of property, and are not aware of property markers to make threats or intimidate to get their way.
Seller wishes to break contract with buyer due to their unlawful activities mentioned above.
What would be some consequences the seller might encounter for breaking the contract?
Considering the above tresspass, cutting of trees, removal of fencing, and no Treaspass signs. All without permission and before they own it, lieing about property cleaning to aquire money and ignoring the "as is" stipulation demanding changes to the contract that suit their needs.
What options might be available for the seller?
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source https://www.reddit.com/r/RealEstate/comments/1i1uwlc/breaking_contract_as_a_seller/
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