bought home and seller won't hand over deed - Posted by Lori

Posted by John Merchant on August 05, 2003 at 16:57:14:

First, she’d better get something recorded saying she’s got an interest in the RE (so as to prevent the owner from selling to somebody else), and second, she should talk to her lawyer about suing to require the owner to perform on the contract.

The kind of suit is called a Suit for Specific Performance, and if what you say is documentable and provable, it should be a fun suit for her lawyer to file and try. It would demand attorneys fees, court costs, and damages for their failure/refusal to perform on their written agreement.

bought home and seller won’t hand over deed - Posted by Lori

Posted by Lori on August 05, 2003 at 16:18:36:

Hello…I am writing on behalf of my cousin. She purchased a home and paid the seller in full. There was no real estate agent involved. When she pruchased this home, the sellers wrote out a small contract that the house was paid in full and it was notorized.

Now two years later, the seller still refuses to hand over the deed because they took the 90,000 cash and bought their new home with it. So, the house that my cousin lives in is still not paid off and she does not have the title. The seller says that she does not have the money to pay off the mortgage on my cousins home. What can she do?

Re: bought home and seller won’t hand over deed - Posted by JoeS

Posted by JoeS on August 05, 2003 at 20:40:38:

Just a quick question…why would your cousin hand over 90K to anyone without getting a Deed at the same time? Take all the paperwork to a good Real Estate attorney and let him/her sue the pants off of the seller!