What happens if the seller fails to complete?

If it becomes clear that the seller is not going to voluntarily complete a contract, the buyer can apply to court for specific performance at the expiry of the period of the notice to complete. This means that damages are not usually adequate for a buyer.

Can you sell a house with a lien on it?

Yes, the good news is that you can sell a property with a lien on it. However, there can be complications and as a seller, there is a risk of losing money, especially if the sale process is drawn out.

What happens if seller does not pay off lien on car?

Under these circumstances, the buyer can try to reverse the transaction with the seller or must pay off the lien to transfer the title. Sellers and buyers can avoid problems involved with transferring vehicle titles by conducting the transaction at the DMV or a AAA office.

What to do if seller fails to fulfill contract of sale?

If you have any questions about disputes concerning a real estate purchase agreement or a contract of sale, contact a real estate attorney in your area. What happens if the seller of property fails to fulfill the promise to provide clear title to the property?

What happens if you sue a seller for failure to disclose?

If you do end up suing the seller, you could seek monetary damages for the seller’s failure to disclose information or misrepresentation of the property. The amount you sue for can include damages for the difference between the amount that the buyer paid and the fair market value of the property at the time of the sale, Zuetel says.

Can a seller have an equitable lien on a property?

In most states, the seller has an implied equitable lien on real estate that has been transferred to the buyer for any part of the contract price remaining unpaid. The lien is a right to have the unpaid balance paid out of a sale of the property.

How are judgment liens impact sellers and buyers?

For a buyer, a judgment against them will become a lien and will immediately attach to the real property once the deed (general warranty deed, special warranty deed or quit claim deed) is recorded in the county where the property is located.

When does a seller refuse to complete a sale?

When a seller refuses to complete a sale The vast majority of cases involving the failure by one party to complete a contract for the sale and purchase of property arise due to the buyer’s default. This is usually because the buyer has been unable to raise the necessary funding for the purchase.