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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