I still need a lawyer
Today's writing exercise is to summarize my case in 500 words. Hopefully I can use this to catch the attention of an attorney willing to represent me, or at least consult on pre-trial motions and trial strategy.
On June 14 2024 I contracted to sell my home in Massachusetts to a developer for $1.6M. The property is unusual and includes a fire damaged historic manor, 19 bedrooms in intact buildings, and 18 acres of undeveloped forest. The below-market price was meant to secure a quick sale with no contingencies. Since then I have subdivided it into three parcels, with a current market value of ~$2.5M. The contract had a “time is of the essence” closing date of “on or about” August 28 2024.
On August 2, the buyer brought to my attention that some windows had been stolen from the manor building. Other items were also later stolen. I reported the thefts to the police.
On August 22, the buyer emailed with a demand to hold back from the sale price to replace the windows, which seemed reasonable, and also to lower the sale price, decrease the interest on the seller financed half of the sale price, postpone the payments on that financed half, and postpone the closing date, which did not. I did not accept these demands.
The buyer made no tender of performance, not on August 28 or any other date. They ignored all efforts to schedule a closing date, and only ever mentioned closing in the context of new terms.
From mid September to late October the buyer made further demands, including an additional $600k holdback and that I be responsible for damages caused by the tenants after closing. I responded by offering my own new terms to balance theirs, and some negotiation took place. Their court filings characterize my responses as repudiation of the contract, excusing their obligation to tender performance, including on prior dates.
As explicitly allowed by our contract, I engaged with other buyers. In November I sent to the buyer an agreement to release their deposit back to them in return for their release of the contract, which they ignored. I signed an offer for the same $1.6M from another buyer in November, to close in December.
They sued for specific performance and damages in December. They claim I failed to make reasonable efforts to evict the tenants (my efforts were reasonable, and succeeded in 2025), I failed to agree to a holdback to deal with the remaining tenants (we agreed, ahead of schedule), I failed to remove trash and debris from the property (not required by our contract), I refused to close unless my unreasonable demands were met (my only demands were in response to their new demands), I removed items from the property (almost all items were recovered, and the thief has been convicted), and I located another prospective buyer (I did). I counter-claimed for specific performance and damages. We each hold the other responsible for the extra 22 months of weather damage to the manor, which was likely salvageable in 2024, almost certainly not now.
The case is scheduled for trial on September 8, 2026 and I could really use some help.