Question

For some reason, the seller of a home at 123 Mulberry Lane decided not to close on a sale transaction on closing day. The seller called the title company and told them she would not close the transaction but would not say why. The buyer has a moving truck, already loaded with his things, sitting in front of the home, waiting for possession of the new property. Since the seller refuses to close, what can the buyer do?

Answer 1

The buyer can sue for specific performance of the contract. In real estate, in order for the buyer to be able to sue for specific performance, he/she must have all the money (or mortgage) ready to finish the transaction. It is very difficult for someone to sue for damages for not wanting to complete the sale of a house because houses are unique in a way that similar houses in different neighborhoods or even streets might be worth a lot more or less.

When you sue for specific performance, the non-breaching party will request that the other party performs their side of the contract.