When it comes to real estate, the law offices of Parnell, Michels & McKay understands the art of the deal and the art of a deal gone wrong. When facing the stress of real estate litigation, retaining an attorney with substantial knowledge about New Hampshire property laws and civil litigation can lighten the burden.
Some of the most common real estate disputes involve:
- Real property contracts
- Residential home sales
- Commercial property sales
- Contractors and subcontractors
- Homeowners associations
- Eminent domain
- Zoning, land use and building permits
- Boundaries and easements
Sadly, it’s not uncommon for property deals to fall apart through the fault of no one involved–but if the buyer has actually breached the purchase agreement, the seller might have legal remedies. So, what happens when the sale of a property doesn’t work out? In some cases, you as a seller can take legal action if a buyer refuses to complete a sale. Limitations as to what you can do are typically written into the sales agreement itself, and probably narrow your options, so step one is to read the contract carefully, the next step would be to consult with a real estate attorney.
Just a few examples of how a seller could seek action through litigation, are:
- A seller can sue for damages: A seller may bring a lawsuit against the buyer and ask for money damages when a buyer has not done what was agreed to in the contract. The amount of the damages the court may award may be based on the difference between the contract price and the market value of the property at the time of the breach, less any down payment or other payment already made, plus interest from the date of default. In other words, the court will try to put you in the same financial position as you would have been without the breach.
- Or, a seller may sue for specific performance: A lawsuit for specific performance involves the person claiming a breach of contract asking the judge to order that the transaction be completed according to the terms of the contract, rather than ordering a payment of money damages. These can be difficult to obtain, and are highly fact dependent.
It is important to know the best, and most economical, solution for you. In such situations we offer full legal services and limited representation to try to balance your legal rights with the financial realities of civil litigation.
Contact the Law Offices of Parnell, Michels & McKay
At Parnell, Michels & McKay, we handle real estate litigation, including landlord/tenant, and are well experienced in the areas of general civil litigation. Contact us today to discuss your case.