Real Estate Law
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Dear Gilda, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,
I am sorry to hear that this has become a traumatic experience for your husband.
Q. Was the purchase contingent on a satisfactory home inspection, or the purchaser obtaining financing, or anything else >
We are to have an inspection soon but nothing scheduled yet. Thanks for concern. Contract does have a default clause in it. I acted on my own behalf. Realtor was with buyer. If my spouse does not comply he will be in default according to # XXXXX of trec and buyer may enforce specific performance, seek such other relief as may be provided by law or both or terminate this contract and receive the earnest money thereby releasing both parties from this contract. I may withdraw from contract for my spouse and plead his case before buyer and their realtor and take consequences if they decide to proceed. Also, I thought if we cannot find accommodations for him that would be acceptable.
Could you please tell me where you answered any of my questions
I didn't get any answers to any thing
Hi, Gilda, Please excuse any delay. We often assist several customers simultaneously,
Agreements of Sale are usually contingent on the buyer obtaining a mortgagage loan, or a satisfactory inspection by a home inspection company, or something similar to that. Since the real estate broker usually represents the seller who is usually anxious to sell, the Agreement of Sale contains very few contingencies.
In order to get out of the Agreement of Sale based on your inability to find accommodations for your husband, that condition must have been part of the original Agreement of Sale that you and the prospective buyer signed. If it was not contained in the Agreement, it cannot be placed in the Agreement now. But, you can try speaking to the real estate agent, telling him you did not know how much your husband did not want to sell the house, that he put it on the market for sale because he thought it would please you, and most importantly, tell him that selling the house will cause your husband to have another stroke and he will wind up in the hospital. Tell the agent that you will be glad to return the deposit placed by the buyer. If the agent still refuses, tell the agent that you do not believe that the Agreement of Sale is legally binding because you do not have a hard copy of the Agreement of Sale with the buyer's signature, but that you are willing to pay interest on the buyer's deposit. Paying interest is a small price to pay for your husband's health.
Although the buyers have the right to sue your husband for specific performance, buyers rarely sue sellers for specific performance because the legal fees are so high, that it is just not worth it,
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