I signed a purchase & sales agreement back in August to purchase a single family home with a $5k deposit. All was good, inspections etc. Set the closing date, gave the commitment letter with the FHA signed addendum. Seller of the property called my real estate agent literally screaming that this could not be an FHA loan as the seller who was selling it to me didn't actually hold title they had bought it at auction and were hoping to "flip it" and close back to back (they own it the day before I buy it). Anyways I found another mortgage that did not have that requirement, my bank spoke with the seller and told him that they would need a week before the seller held title and then transfered it to me. Seller said it wasn't a problem. I signed the extension and we were set for another three weeks with a new closing date. A week before the closing date (remember seller agreed to hold title for a week) realestate agent called me and said the seller had not obtained title yet or title V and would not return phone calls. Day before closing seller says they need more time to obtain title, so because I like like the house and really like it I agree. Another week is given on extension, this week comes and goes, seller still does not obtain title. Yet ANOTHER extension is drawn up, the seller promises that they will have the title, they have been away etc. etc. We are at the end of the third week, the seller does not have title yet again, is not responding to phone calls or e-mails and his attorney keeps putting us off.
I have spent so much money between inspections, two appraisals because FHA could not be used for the second appraisal (which seller did not disclose they do not hold title). I have spent so much time and money on this and the sellers are just refusing to actually sell this house. Can they do this? I am frustrated beyond words and am now going into my 4th extension because they refuse to sell the property.
Read Similar Questions
- Title V (Title 5) for bank-owned or foreclosed property?
- offer to purchase additional terms with estate sale
- PSA Agreement Broker Liq. Damages clause?
- Can a Seller rescind a verbal acceptance-- statute of frauds in MA?
- Foreclosure Title
- Closing date on real estate sale in MA
- Title Insurance - Attorney relationship?
- Seller did not disclose failed stove permit
- breach of agreement - BUYING USED CAR from Private Party
- MA Deed Transfer/Stamp Tax ?
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |

Editor's Response re specific performance
There is a remedy for the breach of a Purchase and Sale Agreement known as specific performance, where a court literally forces the seller to part with the property in accordance with the Agreement. Clearly, before seeking such a remedy, you will need to talk to a MA real estate attorney and have him or her review the P & S and and amendments. Based on the language of the Agreement, there may be other options available to you, such as suing for money damages. You and your attorney will have to discuss how much you want the property and whether you are willing to pay the significant cost of an action for specific performance. Good luck.