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Seller backed out; buyer still wants house

By Robert J. Bruss
Tribune Media Services

      DEAR BOB: We made a $10,000 deposit on the purchase of our first home. The seller accepted our offer in writing and we arranged our mortgage. When we were ready to close, however, the seller said she changed her mind about selling and offered to refund our $10,000. We told her we want the house. She hired a real estate lawyer, who is making all sorts of phony excuses. The lawyer claims we and our realty agent used undue pressure to get the seller to sign, but she had the house listed for sale. We didn't hold a gun to her head. We didn't even meet her. What can we do to buy the house we really want? -- David G.
      DEAR DAVID: If you have not done so already, please hire the best attorney you can find. He or she will probably advise you to sue the seller for specific performance of the sales contract. The court can then order the seller to deliver the deed as she originally agreed. If the seller has any valid defenses, she can present them to the court. Otherwise, the court will order the contract performed and you will get title to the house.
      -- Send your questions to Robert J. Bruss, Tribune Media Services, 435 N. Michigan Ave., Suite 1400, Chicago, Ill. 60611.


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