Seller of property refuses to meet closing dates. 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? What are my legal rights?
First, you need to look at the terms of your purchase and sale agreement. Typically, however, real estate purchase and sale agreements do not contain provisions concerning a buyer’s damages in the event of a breach by the seller. If your purchase and sale agreement is silent on your damages, you have a couple of options on how to proceed. One avenue is to seek specific performance. A specific performance action is a lawsuit where you seek to obtain an equitable order from the court to force the seller to sell you the property in accordance with the terms of the purchase and sale agreement. In order to prevail in a specific performance action you will need to show that you were ready willing and able to perform under the terms of your agreement and that the terms of your agreement were clear and unambiguous. Another option would be to demand the return of any deposits and not go forward with the transaction. If the Seller agrees to return your deposit, this may be a way to avoid the time, expense and aggravation of litigation. If the Seller refuses to return your deposit, you could also file a lawsuit and seek return of the deposit, plus monetary damages.
The Greater Boston Real Estate Attorneys at Goldman & Pease provide legal services to individuals and businesses for all real estate transactions in the Boston metro region including Alston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.