Reply to Buyer backing out of no contingency contract

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]
And forget about suing for specific performance and trying to force someone to buy your house. No court in the world would make someone do that.

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I think this is incorrect.  [b]All real property is presumed to be unique and specific performance is a plausible outcome[/b].  Having said that, likely not worth pursuing unless their offer was well above marked; the litigation costs would make it a losing proposition.[/quote]

Wow...no.  If you're trying to buy a house then yes, specific performance to get your unique house.  For the seller, the damages would be the difference between the contract price and the price the seller gets when they put their house back on the market and possibly some small amount for any extra costs incurred while doing so (not really sure what those would be though).[/quote]

Certainly the seller could choose to sue for damages and frame its claim in such a way, but I had thought that most states allowed a seller to sue for specific performance on grounds that the remedies under the contract should be reciprocal.  A quick google search suggests this is the case, although I am not a real estate attorney, and the remedy is not commonly pursued because most buyers back out when they don't have enough money to complete the sale in any event.  [/quote]

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