We'll See What the Judge Has to Say

The seller decided she was angry at her REALTOR and refused to come to closing! What? Yes, she didn't come to closing.

She signed a legally binding contract. Oh, did I mention she was going to net over $60,000, that it was in deplorable condition and she didn't even live there.

It was hard to find a home in the neighborhood my buyer wanted at a price he could afford and he was willing to accept a house that didn't even have a ceiling in one of the bedrooms. Now he has paid for the earnest money which see probably would also refuse to release, the option fee, the inspection, the appraisal and the survey. He wants this house.

The attorney filed, the seller was served and now we are past the deadline the seller was given to respond. The $60,000 will be diminished by court costs and attorney's fees. Too bad for her. It's been unfair and hard for my buyer too. The contract to sell says in bold type that it is a legally binding agreement. Don't sign if you aren't serious.

FOLLOWUP: the result of the first lawsuit was that the Judge awarded the house to the buyer with damages and she had to pay his attorney fees and court costs but the seller didn't show for the court date. The Judge held her in contempt and issued a warrant for her arrest. The buyer was allowed to take possession of the property which he did. Of course the buyer couldn't be found and we couldn't get a payoff from the mortgage company, close and issue title to the buyer so a second lawsuit compelling to sign was filed. She didn't show for that either so the judge allowed all the paperwork to be changed to the buyers name and we closed. The proceeds are being held by the court for the seller to collect minus court fees. If the buyer ever contacts the title company, they will direct her on how to claim her money.


Austin, Texas. Robin Scott, BROKER. Certified Residential Specialist, Accredited Buyer's Representative, Seller's Representative Specialist. 512.589.7988.

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