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I own or owned a house in St and was in the process of

Customer Question
I own or owned...

I own or owned a house in St Martin and was in the process of selling it before it was destroyed in Hurricane Irma. The compromise was signed in June with a completion date of August 11th. The lawyer forgot i piece of paper before going on holiday so the completion was moved till Sept 11th. The buyer requested vacant possession from the time of signing so they could start work on the house. I removed my tenants which negated the insurance but he promised to put his own insurance in place. I don't know for sure he did. Is the buyer still obliged to buy?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

St Martin in the FWI

Lawyer's Assistant: Has anything been filed or reported?

Like what and by whom?

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

I don't think so

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
9/18/2017
Real Estate Lawyer: Ely, Counselor at Law replied 11 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am afraid that the buyer can make an argument that they do not have to buy under the doctrine of impossibility. In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances, the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible.

In other words, if the home was destroyed prior to the purchase, then the buyer is not obligated to buy because the destruction was not predicted in the sales contract and it is impossible to buy a destroyed home.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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