Hi fellow agents:
I am hoping you guys can help me out. I have been seeking help from my broker as well.

Here is the situation: we are one week into escrow (60 day escrow). Seller does not want to sell anymore. Buyer wants to go forward no matter what. Listing agent said seller will fight with us every step of the way. He does not talk to the agent except thru email. He does not allow pest inspection. We have home inspection in two days, I am not sure how we are supposed to get in with him being uncooperative. Seller asks the agent to remove lockbox and cancel escrow. We are in a binding contract, and my buyer really love this condo.

Today, bad news, the condo turns out to be not FHA approved (entire complex is approved, but the particular unit is not). It needs another 2 weeks to get approval, maybe more. Problem is, we need to remove contingencies next week. Appraisal is not even done at this point! If we don't remove the contigencies, seller will have legitimate reason to cancel. I am telling my buyer to move on before she loses more money to inspection.
She refuses. She just wants this home.
I told her, the seller will not do any repair! Seller is difficult! It seems like some higher power does not want my buyer to own this condo.
What would you advise your client?

Susan :(

If the seller really does not want to sell, the deal is dead. It's that simple. Move on and buy something else.

Well, you can force the seller to hold up his end of the contract, threatening to sue for performance, etc...or you could just drop it and move on. It may end up costing more money and aggravation than the property is worth.

Options for the buyer and reality of choosing those options are 2 very different things.

Best to move on now. A judge is not going to forcibly remove someone from their home if they don't want to sell.

The potential buyer could always sue to have the contract enforced but the odds of that happening are small. The buyer is really out nothing. The judge is not gonna throw the seller out though, especially when they backed out so early in the process.

If the seller did this after money was spent on inspections, etc, they could be liable to reimburse that money. The buyer is on notice and needs to move on. The deal aint gonna happen.

Im not a lawyer though, but I watch Judge Judy and a fan of Law and Order.

I am losing my sleeps over this deal. My buyer is a very determined girl, she just wants to buy this condo. With FHA loan, it's so hard to determined if we are even going to close on time. She wants to fight till the end. I don't know what to do?

Thanks everyone for your replies.

You need to take control of your buyer. The seller will find an out in the contract.

You buyer will have to decide how much she loves the condo. Sounds like it is not going to happen under the current contract, she needs to offer more money to get the seller to play in the sandbox.

[quote=SusanY]I am losing my sleeps over this deal. My buyer is a very determined girl, she just wants to buy this condo. With FHA loan, it's so hard to determined if we are even going to close on time. She wants to fight till the end. I don't know what to do?

Thanks everyone for your replies. [/quote]

Tell the buyer you are not a lawyer, and if she wishes to pursue it further, get a lawyer, you can still assist regarding real estate but not legal counsel.... id get myself out of it unless I wanted to learn through her mistakes and of course...had the time

The buyer could sue the seller for Specific Performance. However, it is very rare that such suits are sucessful. She really would be much better off just moving on. In this market surely she can find something else to buy.

RE Rivo is right on. Try to salvage your real estate relationship with this buyer, because she is going to end up buying something--BUT let her pay a lawyer to listen to her rants and raves about holding this deal together. After a few hours' worth of billable time with a lawyer, your client may be more willing to look for another house.