What Can You Do If a Seller Defaults on Contract to Buy Land

[Georgina]

My question involves real estate located in the State of: Texas

I (buyer) have a contact to buy land (including paying earnest money) through a title company. Deadline for closing was extended several times due to seller's claim that he had been advised by title company that a survey had to be done of modified road through neighboring property (egress to property being bought) and therefore we could not close the deal, and seller could not coordinate survey with neighbor. I finally realized that the seller did not really want to sell the land; and, I finally consulted the title company and discovered that his claim was not true and the only survey that needed to be done was of the property i was purchasing (as stipulated in the contract). I paid to have the survey done and paid the title company closing fees. The seller then refused to sign the documents at closing, and told me that he did not want to sell the property. His defense for defaulting on the contract was that I had indicated in an email months back that I was no longer interested in buying the property if he could not make peace with his neighbor and get the survey done (they have a Hatfield/McCoy relationship). However, I did want to buy the land, and acted in accordance with the contract. After complying with terms of contract (had survey conducted and paid closing fees), he then told me that he did not want to sell the property and would not grant me egress to the property I was to purchase - as it is a sub acreage of a larger acreage he owns. Naively, I thought he had this right, and agreed by email to let him back out if he gave me the ernest money back. He then asked the title company to prepare a release (make the contract null and void). The title company then advised me that he could not land lock me, and that his threat to not give me egress was not grounds to be forced to give up my desire to buy the land. So, I wrote a few - admittedly dumb - emails, but do they give him the legal right to back out of the contract? I did not sign the release (to nullify the contract) and I do want the land?

Yes, it would have been better not to write the emails, but do they allow seller to essentially default on contract?

Thanks.

[Mr. Knowitall]

If you want to try to compel him to sell the land to you, I suggest taking all of your documentation to a lawyer and seeing what he would charge to file an action for "specific performance" of the sales contract. I am skeptical that the emails would give the seller a way out, and even more skeptical if there's no contingency in the purchase agreement that would allow a dispute with the neighbor as a basis to avoid buying, but as you know I have not seen them nor any of the other documentation.

[Georgina]

Thanks very much for your reply.

I've done as you have suggested, ... just hoping that the legal written contract will not be 'diluted' as a result of emails offering a way out for seller - which might be interpreted as me defaulting - even though I followed through with the contract itself (had a survey done, paid closing fees, etc.).

Thanks, again.