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Old 10-06-2015, 08:54 AM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
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Default STBX's lawyer ignoring me - forcing litigation

Hi community,

My STBX has offered to purchase the marital home. STBX's lawyer has stated this in numerous emails, each very detailed.

The closing of the sale is to be Oct 31. I am self represented, and provided, at STBX's request a draft agreement of purchase and sale. Months ago.

There is still no executed agreement, but I do have the emails.

I need the signed agreement to tie up several loose ends related to the marital home prior to sale. STBX's lawyer has not provided a revision to the provided draft agreement.

STBX's lawyer then notified me that STBX has now retained a real estate lawyer.

I have left a number of calls at the real estate lawyers office trying to clarify when the agreement of purchase and sale would be forth coming.

They are not returning my calls either. Here are some other facts:

1. The deal is supposed to close Oct 31.
2. The home becomes un-insurable in the new calendar year.
3. There was a bonafide third party offer on the house during the summer.

I have indicated to STBX's divorce lawyer that there ignoring of me and the issue would likely lead to damages, and that I would file a statement of claim for any damages.

Still no response.

I don't understand why no one is moving on this. Should I just wait until the deal falls apart ? Then sue ?
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Old 10-06-2015, 10:20 AM
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blinkandimgone blinkandimgone is offline
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Perhaps an option would be to email them and let them know that if a response with confirmation and date of finalization is not received by XX date you will be listing the house on the market for sale? Maybe that would light a fire under them.
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Old 10-07-2015, 10:39 AM
Stillbreathing Stillbreathing is offline
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Go to court. Either get a case conference date or file a 14B motion requesting an urgent case conference re: sale of matrimonial home. When you have your case conference court date you will be able to argue your case. They can not ignore you if you go this route. If you take matters into your own hands and try listing the matrimonial home on your own you will be made out to be the bad guy. You can not list it without her consent or a court order dispensing with her consent. Go to court.
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