In 2021 I bought a Victorian estate in Massachusetts to establish an intentional community of artists and makers (http://est8ofmind.com). In March 2024 the Victorian manor was rendered uninhabitable by fire (no one was injured) and the community began to dissolve. In June 2024 I signed a contract to sell the property for $1.6M, to close at the end of August 2024.
In August the buyer did not close the deal. From September to November my agent and attorney repeatedly attempted to get them to close the deal, but they instead repeatedly demanded to change the terms of our agreement (different closing and payment timelines, interest payments, holdback amounts, division of responsibility, etc). I gave up on selling to them in November and started talking to other buyers. In December I subdivided the property into three pieces with significantly greater total value (~$2.2M).
In December the buyer sued me to prevent me from selling to anyone else, to force me to sell to them, and for damages. I filed counter claims for damage to the property while the litigation prevented me from selling it, lost wages when failure to close the sale prevented me from returning to work full time, and other damages.
The buyer claims that I did not make reasonable attempts to evict the remaining tenants (I did, and they have been gone for 8-12 months now, and our contract explicitly covers the possibility of tenants remaining), that I haven't cleaned up trash and debris as our contract requires (it doesn't), that I removed items from the property (I reported them stolen, the police recovered most via search warrant, and the thief is now convicted and jailed), that I refused to close (I haven't), and that I located another buyer (I did, but only months after this contract failed to close).
I argue that the contract ended in August when they didn't close and I was then free to sell to another buyer or stop protecting the property. They argue that my responses to the negotiations in September and October excuse their obligation to tender performance in August, and so my obligations under the contract remained in force indefinitely.
We have stipulated to a property inspection and estimate covering the damage to the property after the fire, primarily due to exposure to rain and snow, estimating the total cost of restoration (of the not-fire-damaged areas) at ~$2M, ~$1.3M of which is due to the property not being protected or stabilized for at least most of the last two years. We are both claiming the other party is responsible and owes for that damage.
We go to mediation in June and trial in September 2026. Their only settlement offer was ~$550k and I do not anticipate success at mediation. I can't afford an attorney, but a friend who holds the mortgage on the property is pursuing hiring an attorney to protect their interests, which I believe will have incidental benefits to me. This won't be my first time in civil court, but my previous experience (mostly successful) is in 4-5 figure cases, not 7. This will be my first time participating in voir dire.
Elaboration on the market answers:
Judgment entirely for buyer - I lose the property and receive no cash, possibly in debt to the buyer.
Judgment primarily for buyer - I lose the property and receive less than $1.2M.
Judgment approximately even - I lose the property and receive $1.2-2.0M, or keep the property and net damages are up to $400k.
Judgment primarily for me - I lose the property and receive over $2M, or keep the property and am awarded $400k-1M.
Judgment entirely for me - I keep the property and am awarded over $1M in damages.
Appeal or other delay into 2027 - The case is appealed, or trial is delayed, or any other outcome where it is not resolved and still an active case in 2027.
This market will resolve based on damages awarded, not collected.
I will not consider bets or discussion on this market to be legal advice. I am aware that you do not necessarily have all of the relevant information, nor have I retained your legal services.
The case is docket 2485CV01467 in the Worcester Superior Court. All of the filings and events are visible on the public docket website.