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OT - breach of contract lawsuit

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texaswig
texaswig Posts: 2,682
in EggHead Forum
Anyone on here have any kind of experience with a breach of contract lawsuit (specific performance) ? 2 weeks from closing the  seller of a commercial property I was purchasing backed out . I've pretty much got my mind up to take them to court. And have the court force the sell. I was wondering if anyone had a little insight. 

2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

scott 
Greenville Tx
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  • Little Steven
    Little Steven Posts: 28,817
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    The bloodsucking lawyers will win. Calling zippylip.

    Steve 

    Caledon, ON

     

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  • SemolinaPilchard
    SemolinaPilchard Posts: 1,282
    edited October 2016
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    Little Steven said:
    The bloodsucking lawyers will win. Calling zippylip.
    In this case it is not blood, but milk.
    Image result for two lawyers cow in middle
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  • Photo Egg
    Photo Egg Posts: 12,110
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    Was contract signed. Most verbal intent has no merit over a certain dollar amount.
    Thank you,
    Darian

    Galveston Texas
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  • texaswig
    texaswig Posts: 2,682
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    @Photo Egg yep both parties signed. the  contract said specific performance could be used. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • NPHuskerFL
    NPHuskerFL Posts: 17,629
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    Why did they back out?  I'm gonna take a stab in the dark and say a third party offered more money? Either way I would think a signed document by both the seller and prospective buyer would be binding contract. No? I am definitely not an attorney but that would be my thought pattern. I hope you get it sorted out.
    LBGE 2013 & MM 2014
    Die Hard HUSKER & BRONCO FAN
    Flying Low & Slow in "Da Burg" FL
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  • bud812
    bud812 Posts: 1,869
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    I think all the lawyers on here are at brisket camp.  ;)

    Not to get technical, but according to chemistry alcohol is a solution...

    Large & Small BGE

    Stockton Ca.

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  • HeavyG
    HeavyG Posts: 10,350
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    Did your contract have any contingencies/escape clauses?
    “Reality is that which, when you stop believing in it, doesn't go away.” ― Philip K. Diçk




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  • texaswig
    texaswig Posts: 2,682
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    @NPHuskerFL they said it was for sentimental reasons since they owned the place since the thirties. I was gonna pick it up for a crazy deal. Because I got to it before a appraisal and before they put it on the  market with a realtor. Im with you in thinking they found more money somewhere. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • YukonRon
    YukonRon Posts: 16,989
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    Bummer of a deal man. Feel for you. Hoping it works out for you.
    "Knowledge is Good" - Emil Faber

    XL and MM
    Louisville, Kentucky
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  • texaswig
    texaswig Posts: 2,682
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    @HeavyG nope, none. @YukonRon thanks man. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • tjv
    tjv Posts: 3,830
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    20+ years selling investment real estate in texas, only thing to do is consult a real estate attorney.  If he says the contract and actions to the contract are good, then get yourself a trial attorney.  

    remember it only takes one "out" on either side to "kill a deal".   All parties - brokers, title company, appraiser, lender, surveyor, environmental guy, can get into the finger pointing as why the seller bolted.  It gets messy and expensive to win.
    t
    www.ceramicgrillstore.com ACGP, Inc.
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  • Photo Egg
    Photo Egg Posts: 12,110
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    Might be worth a few hundred to pay a lawyer to send them a "letter"...
    Just an intent to take action might be enough to change their mind.
    Court could cost them big bucks, even if they win
    Thank you,
    Darian

    Galveston Texas
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  • tikigriller
    tikigriller Posts: 1,389
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    The power of court fees force so many settlements, threatening the suit formally could absolutely close your deal, or at least perhaps reopen some negotiations to still get a great deal for yourself but make the seller more easy to deal with. So easy to find a loophole in a contract, they will probably find one in yours. At least that is my experience in my industry. 
    Just bought an Egg?  Here is what you get to look forward to now:

    Plate Setter, FlameBoss 200, Spider, PSWOO-CI, Additional Rig Shelf for dome cooking, Thermapen, iGrill2, Cast Iron, Blackstone, Cooking Accessories for the Blackstone, Cover for the Egg and the Blackstone, shopping for Rub like a fine wine or IPA, and a new fascination with lump and what brand is the best-all to be debated every Friday Night.  Next desires-Joetisceriie, Adjustable Rig, Grillmates, table and more eggs

    Livermore, California
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  • texaswig
    texaswig Posts: 2,682
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    @Photo Egg lawyer already sent the latter. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • Photo Egg
    Photo Egg Posts: 12,110
    edited October 2016
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    Wish you luck. Unfortunately, right or wrong, who's willing to spend the most money wins. Most of the time.
    Thank you,
    Darian

    Galveston Texas
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  • Legume
    Legume Posts: 14,627
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    Damn, that just sucks.  Best of luck with it.
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  • DoubleEgger
    DoubleEgger Posts: 17,186
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    Maybe this will be like Osweiler and the Broncos. Sometimes the best deal is the one that doesn't happen. 
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  • Photo Egg
    Photo Egg Posts: 12,110
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    DoubleEgger said:
    Maybe this will be like Osweiler and the Broncos. Sometimes the best deal is the one that doesn't happen. 
    I guess we will see next weekend. 
    Thank you,
    Darian

    Galveston Texas
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  • Mickey
    Mickey Posts: 19,674
    edited October 2016
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    Bought lot on golf course one day. Signed letter for the lot with a $2000 check and cash on close. The next day went over and found golf balls landing on it. No way as I was driving two demos could not have golf balls hitting cars and my poodle. 
    So it did cost the $2000 for having the lot for one day but all was done and lot went back on market. 
    Everyone happy. 
    Now if they had pulled the lot on me I could have had my day in court. 

    Salado TX & 30A  FL: Egg Family: 3 Large and a very well used Mini, added a Mini Max when they came out (I'm good for now). Plus a couple Pit Boss Pellet Smokers.   

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  • westernbbq
    westernbbq Posts: 2,490
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    Does your contract have an arbitration clause?
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  • westernbbq
    westernbbq Posts: 2,490
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    Photo Egg said:
    DoubleEgger said:
    Maybe this will be like Osweiler and the Broncos. Sometimes the best deal is the one that doesn't happen. 
    I guess we will see next weekend. 
    Hey Osweiler filled in nicely when manning was hurt last year and he engineered a come from behind win for the texans on sunday nite over the colts

    Not saying hes a great q but definitely has done some solid things for the two teams hes played for...i was shocked at the money houston offered him


    Just bustin ya as the guy is a Sun Devil, and he connected with another devil, Jaelen Strong last week to set up he game winner in OT

    I have some nice picts of Oz with each of my boys.  The guy is 6'8" and was orig going to play basketball for gonzaga.  

    Crazy stuff....


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  • Austin Egghead
    Austin Egghead Posts: 3,966
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    Scot, was an Earnest Money contract drawn and money given in good faith?  Were there any contingencies stated in the contract that could have voided the sale?  
    I would get a good real estate lawyer.  I dont know if you can force the sale but you should get back any down payment money placed in good faith.  10 to 1 bet realtor told seller he could get him more $$ for the property.  Good luck.
    Large, small and mini now Egging in Rowlett Tx
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  • texaswig
    texaswig Posts: 2,682
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    @Austin Egghead no earnest money. No contingency. Already had best real estate lawyer in area send them a letter. He's ready to move forward. Just waiting on my go ahead....... And a retainer. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • DoubleEgger
    DoubleEgger Posts: 17,186
    edited October 2016
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    westernbbq said:
    Photo Egg said:
    DoubleEgger said:
    Maybe this will be like Osweiler and the Broncos. Sometimes the best deal is the one that doesn't happen. 
    I guess we will see next weekend. 
    Hey Osweiler filled in nicely when manning was hurt last year and he engineered a come from behind win for the texans on sunday nite over the colts

    Not saying hes a great q but definitely has done some solid things for the two teams hes played for...i was shocked at the money houston offered him


    Just bustin ya as the guy is a Sun Devil, and he connected with another devil, Jaelen Strong last week to set up he game winner in OT

    I have some nice picts of Oz with each of my boys.  The guy is 6'8" and was orig going to play basketball for gonzaga.  

    Crazy stuff....


    You weren't shocked at the $16M/yr that the Broncos ponied up? 
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  • Zippylip
    Zippylip Posts: 4,768
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    texaswig said:
     I've pretty much got my mind up to take them to court. And have the court force the sell. I was wondering if anyone had a little insight. 
    this promises to pack all the pleasure we look for in a good root canal
    happy in the hut
    West Chester Pennsylvania
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  • tjv
    tjv Posts: 3,830
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    you'll need to tender closing, until then, you have no damages.

    t
    www.ceramicgrillstore.com ACGP, Inc.
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  • steelcity314
    steelcity314 Posts: 91
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    You can seek specific performance despite your lack of performance where there is an anticipatory repudiation. However, without knowing all the details of the transaction it would be hard to give accurate advice. Unless the seller has a way to back out under the terms of the contract, your lawyer should file a complaint seeking enforcement of the agreement. 
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  • texaswig
    texaswig Posts: 2,682
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    Update.  So I called the lawyer told him to draw up the retainer papers and I would bring him some money  Today he calls and their lawyer said the sale is back on and they will honor the contract. Just makes me wonder what kind of professional courtesy phone calls were made. Needless to say I'm super pumped. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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  • Firemanyz
    Firemanyz Posts: 907
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    A little pressure seems to have gone a longggg way. I'll hold off on more congrats until the deal is done. 
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  • texaswig
    texaswig Posts: 2,682
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    @Firemanyz I know right.its not done till it's done. 

    2-XLs ,MM,blackstone,Ooni koda 16,R&V works 8.5 gallon fryer,express smoker and 40" smoking cajun 

    scott 
    Greenville Tx
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