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Can a seller cancel cancel a purchase agreement due to poor…

Customer Question
Can a seller cancel...

Can a seller cancel cancel a purchase agreement due to poor health

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have been taken so far?

Request release from the buyer and was declined

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Seller has dementia that has advanced and doctor recommends not moving

Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
3/28/2018
Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,567
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Legally the seller's health has no relevance to the enforceability of the contract.. If they are ill, then that wouldn't give them legal grounds to get out of the contract. If they became legally incompetent, then a guardian would be appointed for them who could then continue on with the sale.

.

But if seller breached the contract the buyer could sue them for "specific performance" to have a judge order that the sale is to continue.

.

However, this is a pretty rare solution because most buyers don't want to spend $10K up front for an attorney and then a year in court to force the sale to go through..

.

Normally the buyer would just sue them for any damages they are out and expenses and the deposit back and let it go at that.

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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