Hello,
I have a purchase agreement with the seller of another house, (which i am going to buy), in Reno, NV. However, three days later, the seller says she has changed her mind and is not selling the house anymore. So she has broken the purchase agreement. Does anybody know nevada real estate laws?
Will I be able to carry out a lawsuit? Is there anyway to force the seller to carry out the agreement?
Thank you very much!…
thanks guys, that helps a lot…
yes, this is after she accepted the offer…we have already sold our house and were planning to move into her house in a week or so….
C said:
Feb 03, 09 at 6:45 amAnd this is all after offer and acceptance? YOu presented her with an offer and a certain number of days for her to either accept, counter offer, or deny. Did she accept? Or did she deny within the number of days put forth on your offer? If she denied within that allowed number of days, you have no case.
If it’s past the offer and acceptance period and you’re already in purchase agreemnt, If she backs out, you can sue for specific performance, get your earnest back and possibly more. Didn’t you ask this question to your Realtor? If you don’t have one representing you, that wasn’t smart, but get with one soon to inform you on your next move and recourse and if it will be worth it to go after her for more than earnest back. Did you suffer any hardships due to her backing out? Did you spend money planning a move to her house than you cannot recoupe so she would have to reimburse? etc. and etc.
Gregg said:
Feb 05, 09 at 5:22 amYes it’s called specific performance, and you will most likely win.
In the law of remedies, an order of specific performance is an order of the court which requires a party to perform a specific act. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of an injunction but there are mandatory injunctions which have a similar effect to specific performance.