A breach of contract is a term used when one fails to fulfill legal terms or agreements made to another party. This breach of contract can also happen when a party blocks the ability of another party to fulfill its promises.
It is not easy financially and psychologically to buy a house. It might be intimidating knowing that the house you are buying will be yours for a very long time.
Sellers also may act the same way. It could be hard to let your favorite house go to another owner.
For these reasons, some buyers and sellers change their minds in the middle of the closing process or after the sale is finalized.
A second guess in your decision can lead to a breach of contract. As a result, the legal proceedings will be used to resolve this issue.
Requirements for the court to accept a lawsuit if the other party violates the contract
Should you decide to proceed with a lawsuit against the other party? The following elements and many more are required by a court according to the balancesmb.com.
- You need to validate the contract by providing all needed elements
- You need a proof of breach of the contract. That is, you need to show that the defendant breached the contract terms
- Make sure you completed everything you are required to do by the contract
- You must notify the defendant about the breach of contract before proceeding with the lawsuit. You must prove in court that you notified the defendant with a written notification.
Small advice
Before you make your final decision about a property, think again one more time. Make it crystal clear to yourself that the house is indeed what you want. You don’t want to get a mortgage, pay closing costs, and then change your mind later.
Should the other party change their minds and breach the contract? You must be ready for a lengthy legal battle between you and the seller.
The seller also should do the same thing before taking the money from the buyer.
