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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11509
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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We were selling our home. Spouse is over 80 years of age and

Resolved Question:

We were selling our home. Spouse is over 80 years of age and is having severe anxiety over it. He can't sleep and we can't find a smaller home in our area. He is disabled and we can only find tubs with shower in apartment which he is not able to get into. Just signed contract yesterday and no inspection or anything. He is having severe difficulty. Afraid of him having another stroke. Didn't no would effect him this bad. Do we have any options to get out of contract? Please help. Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

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 >

 

 

Thank you,

 

 

 

Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.

sure

Customer: replied 1 year ago.

Could you please tell me where you answered any of my questions

Customer: replied 1 year ago.

I didn't get any answers to any thing

Expert:  Andrea, Esq. replied 1 year ago.

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,

 

_______________________________________________________________________

 

Please be kind enough to rate Excellent Service so that I can receive credit for assisting you

Bonus and Positive Feedback on survey are very much appreciated

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA



 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11509
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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