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Mrphotog

Sellers Remorse

6 posts in this topic

I am the buyer of a home with a signed purchase agreement from the seller.  All requirements for closing have been met.  The adult children of the elder seller had the seller, file a quick claim  deed on the property to one of the adult children in a effort to cancel the sale.  Isn't the lawyer that assisted them in this action breaking the law by knowingly filing a quick claim deed in and effort to avoid the completion of an actionable and binding sales contract?

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1 hour ago, Mrphotog said:

 Isn't the lawyer that assisted them in this action breaking the law by knowingly filing a quick claim deed in and effort to avoid the completion of an actionable and binding sales contract?

 

Nope.

 

The lawyer works for the seller.

 

It's the seller who is breaching your purchase contract.

 

It's the seller from whom you must seek redress.

 

Bottom line, though, is you won't be buying that property.

 

You might have some monetary damages to sue for which you can probably do in small claims court.

 

Do you?

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If you still want the property and are willing to spend some money and hire an attorney, you can sue for specific performance against the sellers and intentional interference with a contract against the children on the quit (not quick) claim deed.  It could be a long expensive fight.

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Thanks for the input and the education.  Quit claims go through so fast, I thought they must be called quick.

I am thinking of demanding fulfillment of the contract and leaving my earnest money is the escrow account.  When every they try to sell the property in the future, my contract will muddle their sale.  I think that would put me in a stronger position for me to ask for compensation to release my right to purchase the property. 

I am I just being mean spirited, devious or stupid?

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On 3/18/2017 at 0:46 PM, Mrphotog said:

The adult children of the elder seller had the seller, file a quick claim  deed on the property to one of the adult children in a effort to cancel the sale.

 

First of all, it's "quitclaim," not "quick claim."  Second, this happened before title was transferred to you, right?

 

 

On 3/18/2017 at 0:46 PM, Mrphotog said:

Isn't the lawyer that assisted them in this action breaking the law by knowingly filing a quick claim deed in and effort to avoid the completion of an actionable and binding sales contract?

 

No.  Is that really the only question you wanted to ask?

 

 

18 hours ago, Mrphotog said:

Quit claims go through so fast, I thought they must be called quick.

 

Not really sure what you mean by this.  The only difference between a quitclaim deed and a grant deed is that the latter comes with warranties of title, whereas the former does not.  Neither "go[es] through" any faster or quicker than the other.

 

 

18 hours ago, Mrphotog said:

When every they try to sell the property in the future, my contract will muddle their sale.

 

No it won't.  The only thing you can do to "muddle" any future sale would be to sue and record a lis pendens (notice of pending action).

 

I suggest you take your contract and other relevant documents to a local real estate attorney for review and advice.

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Thank you.  You have been a great help.  A record of lis pendens was suggested by the Brokers counsel.  After a little research it looks like filing a lis pendens is not something that should be attempted by non legal professionals.  It is something that should not be attempted by mere mortals.   

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