Selling backing out of signed contract

My seller is attempting to back out of a signed purchase and sale agreement.
Can I record an instrument at the county that would prevent seller from selling to another buyer? If so, what is this called, what’s the process for it? I have already had an attorney send her a letter but have not heard back yet.
thanks. -Matt

Howdy Matt:

Yes you can record a memorandum of contract. Just a brief statement that describes the terms etc about the contract.

You can also file another form Notice Affecting Real Estate. Just type that up stating why you are trying to cloud the title to the property giving notice to the seller and other potential buyers of a potential lawsuit pending. It is also know as Lis Pindens (sp).

You may want to get your attorney to do this. I have done it without notice to the seller but do not know the legal stuff about all involved.


in addition to what the previous poster said, I would send an official “Notice to Perform” to either the seller and/or their agent. Offical means nothing more than a letter stating that you want them to perfomr on the contact and reference dated signed etc, etc (probably good to include a copy). Then send it by some method which will give you proof of delivery.

If it continues to be a problem, then you probably need a lawyer. Having give the seller notice to perform would be the first step they would do anyways.