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Can I force seller to complete contract?

jimkin

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I think my situation is somewhat unusual in that I have a signed contract to purchase two consecutive weeks and the seller is no longer communicating with the closing company. The facts are pretty cut and dried - the closing company advertised the units for sale, I responded and signed the contract and sent payment, the sellers signed, the payment check was cashed and then nothing. When I followed up with the closing company they said they were getting no response from repeated attempts to contact the seller and were goin to cancel the contract and refund the money. I don't want a refund I want the title to the timeshares we agreed to purchase. I'm thinking I need to contact an attorney. The timeshare is in Florida, I'm in South Carolina and the seller is in New York. I'm thinking I should contact an attorney in Florida, the state the timeshare is located in.
So my question is what am I missing and what OTHER options do I have? And do you all agree I should contact a Florina attorney?
 

vacationtime1

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A Florida attorney who practices in the county in which the timeshare is located.
 

klpca

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I'm not sure where you are buying but is it worth adding attorney fees to the purchase price? Most timeshares are easily replaced with another if you just sit tight for awhile. Is there a clause in the contract that covers non performance by either the buyer or seller? If so, what does that say?
 

DAman

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At the end of the day it's going to take you more time, effort and money than you think to try and enforce your contract in court.

Getting specific performance of a contract is tough. My father was a real property attorney in So. Cal. in the 1970's and 80's and he used to advise people and companies that it is not going to be cheap or easy to accomplish specific performance of a contract to sell real property.

Does your contract allow the prevailing party to recover attorney's fees? If not you would have to look to state law but most states require each person to bear their own attorney fees.

Contact a local(S.C.) real property attorney for a quick and possibly free consult. You could do the same with a phone call to a real property attorney in Florida too.

Do you know why they are reluctant to close the deal? Are you able to contact the sellers directly? It might be worth it to talk with them about why they stopped cooperating with the closing company.

If it were me I would take my money back and go on to the next deal. I wouldn't rest until the check from the seller cleared my bank.
 

Bailey#1

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It's possible the owners are in a corona virus crisis!
 

Panina

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How long since they heard from the seller? The virus is rampant in NYC. I am assuming they need to notarize the documents and that can be very difficult now plus they might not want to take the risk. They can also be sick or a loved one can be sick and the timeshare are the last things on their mind.

If you really want them, give it some more time. If you can find it elsewhere for the same price and don’t want to wait, buy it elsewhere. The amount of money you will spend for an attorney might not give you the results you want anyway. Use that money to buy from someone else.
 

bogey21

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At the end of the day it's going to take you more time, effort and money than you think to try and enforce your contract in court.

Getting specific performance of a contract is tough.
I

I agree with the above. Let it play out and once you get your money back move on..

George
 

theo

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I frankly don't understand the initial OP statement that "the closing company advertised the units for sale". :shrug:

OP didn't clarify, but maybe this was an eBay transaction, where it is not uncommon for a reseller to simply "change hats" to then also magically become the closer as well, while actually being the very same (or much too closely associated) people. The absence of an independent, third party closing entity operating objectively and at arm's length from the transaction always gives me pause and is usually a "less than ideal" situation for any buyer (...to say the least).

In any event, I believe that OP initiating legal action to attempt to enforce contract performance would be an expensive, time consuming (and maybe ultimately unproductive) fool's errand. I would instead recommend either being a bit more patient with concluding this transaction or just collecting that 100% refund now while that option is still reportedly on the table and call it a day. Pick one.

Whatever those weeks are, they are not "unique" and will be available again in a different transaction if this one cannot be concluded within a time frame acceptable to the OP. Forget any legal action; it would be a complete waste of time, effort and money (IMnsHO).
 
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qlaval

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Usually a TS contract will have dispositions such as:

xx. This contract shall be closed within xx days of the effective date*, unless extended by other provisions on the contract. If the Seller or Buyer does not execute this contract by xx/xx/20 or upon presentation, the deposit shall be refunded to the Buyer. This contract shall be deemed closed upon performance by Seller and Buyer of all obligations under the contract and a determination by the title agent that (1) Title is insurable (if requested) in accordance with the contract (2) The closing documents have been correctly executed and returned to the title agent.

xx. If either Buyer or Seller fails to perform any duty required under this Agreement, such party is in default. Upon Buyer default, Seller may terminate this contract and Buyer shall forfeit the deposit. Escrow agent shall deduct all expenses including escrow fees and title exam fees, and pay 50% of the remaining deposit to Seller, which shall be Seller's sole and exclusive remedy. The remaining 50% of the deposit shall be paid to the Broker. Upon Seller default, the Buyer may terminate this contract and shall be entitled to the return of any escrow deposits made as Buyer’s sole and exclusive remedy. Seller also agrees upon Seller default to pay all expenses including escrow fees, advertising fees, and title exam fees and also to pay Broker’s full commission.
 
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