Q & A: Seller of House Dies Mid-Transaction

Q & A: Seller of House Dies Mid-Transaction

 
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ID-10017957

Question:

Seller had a court appointed representative. This person claims at death they cannot represent the seller any more. The second offer for the seller to repair has a ten day expiration date. The seller has no will and no one has been assigned to represent the estate. Is the offer null and void after the 10 period specified in the second offer. I am sure if there was a signed contract the contracted would have survived the sellers death but since the home failed the inspection can the buyer consider the original contract void based on the inspections failure. Does the seller/estate (even though no one has been assigned) still have only the ten days to accept the contract.

Answer:

Great question! This real estate issue becomes significantly more complicated when the seller dies mid-transaction. That being the case, you could argue that the 10 day period to cure/repair was iron-clad. If so, upon expiration, the condition should fail. Based on that understanding of the facts, you can walk away free and clear. The counter-argument may be “extenuating circumstances”. However, given the nature of reliance by you -the buyer – it is quite likely that you could walk away from this deal, unscathed. Please email me at max@maxlivingstonlaw.com if you have further questions, or to setup a meeting in my office.