Friday, November 19, 2004

Case of the Week: 11/15/04

County: Monongalia
Age: 79

Our client was approached earlier this year by the adverse party requesting that she sell her home. Our client felt pressured by the adverse party to sell her home, even though she never put it on the market. The adverse party had her to sign an Offer to Purchase and accepted $1,000 as earnest money. The next day, after considerable thought, she decided not to sell. Pursuant to the Agreement, my client returned the earnest money and told the adverse party that she no longer wished to sell. Shortly thereafter she received a letter in the mail from the adverse party's attorney stating that she was obligated under the Agreement to sell her home and if she failed to establish a closing date he would sue for specific performance. He kindly enclosed a proposed complaint. After reviewing the complaint, contract in question, and the facts, I surmised that she acted accordingly under the Agreement by returning the earnest money and notifying the adverse party of her intentions not to sell. I drafted a letter to the adverse party's attorney stating the client's defense, noting the specific provisions under the Agreement that applied. Since that time, the attorney has not filed the proposed complaint. My client is relieved that she can keep her home.

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