So my parents are in the process of buying a new house. It’s a private deal with a “friend” and it’s a bit of a clusterfuck. I don’t even want to get into how they ended up here, I just want to help them get out. They are using the same lawyer as the seller… things in the contract were not followed, such as the move out date… in the name of you can trust a “friend”… like I said, it’s a clusterfuck.
Seller realized they could get more for the house than the current agreed price, and has been acting quite unfriendly as they feel “cheated”. Things got really bad approaching closing date, as they still haven’t moved out their things out of the house. Stating they were kind enough to my parents by giving them extra time in the contract to sort out the mortgage and giving them a discount, but won’t return them the kindness by giving them extra time to move out after the closing date etc… attacking my parents’ character… threatening to call the police to get back the keys they gave to my parents (which apparently they weren’t supposed to give until closing) etc etc…
With things getting ugly right before closing, which is supposed to take place right after this weekend. My parents were informed by the lawyer that the seller is willing to break the contract at all cost and face the consequences to not sell the house. So what happens now?
I asked around some realtors I know and looked up some info online. I was told they can’t even back out at this point? Is breaking the contract different from backing out? It seems our only option now is to sue them? Should my parents get a new lawyer? Look into placing a CPL? My parents don’t even want this house at this point (suing for specific performance), it left a sour taste in their mouths and they are worried the seller might secretly sabotage things in the house, they just want proper compensation for this whole stressful mess.
It’s Easter weekend, so I can’t get a clear response from a lawyer. Thought I would share this here to hopefully get some perspective. We are in Canada, but I can’t imagine things being wildly different compared to the us in this case.
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source https://www.reddit.com/r/RealEstate/comments/1k3fa70/seller_willing_to_break_contract_days_before/
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