Actually, if your brother did not have authority to make the sale without consent of the heirs and he misrepresented himself to the buyer, HE can be PERSONALLY liable because he intentionally misrepresented the approval of the other heirs. Thus, if the buyer sues the estate for breach of contract, the heirs would sue the estate representative for breach of duty and intentional misrepresentation and he would be personally liable to any damage to the estate.

Now, you will need to get your own probate attorney in Maine to try to delay or stop the sale, since there is a contract entered into with the buyer, and you can argue that the contract is invalid because of the misrepresentation, but that would require an attorney up in Maine to do for you. Also, you can contact the attorney representing the buyer to negotiate for an extension of time to close to review the offer based on the misrepresentation of the representative to him and it is up to the buyer to agree to this (a prudent attorney would advise him to do so if it would avoid any protracted and costly litigation).

If this sale were to be brought to the court, the court may allow the sale if your brother can prove that despite the last appraisal, because of the poor real estate market due to the bad economy that the price he offered the property for sale at was reasonably close to the average sales of similar homes in that area. This is the other thing you need to look at in determining whether or not you want to agree to the sale.

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