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My mom and sister are owners of a house that was burned

Customer Question
My mom and sister...

My mom and sister are owners of a house that was burned down. They started the process of sale and signed a contract. I now want to get the house. Can they sign it over to me and not go through with the sale. And if so what will be the Consequence If any. What if the other party do not want to cancel the contract.

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

New Jersey

Lawyer's Assistant: Has any paperwork been filed?

They got the c/o , the fire inspection and temporary title. I believe they got everything else. But haven't sign for the close because my mom was married and they didn't included him in the initial paperwork. He dont want to sign the papers for the buyer. My mom don't want to give it to my dad but willing to give it to me .

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

Just want to know if any problems will arise if they break their contract with the buyer and sign it over to me.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/18/2017
Real Estate Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,356
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 7 months ago

If the buyer has not released the contract then they can not transfer the house to you without exposing themselves to liability for breach of contract andmoney damages.

They would need to get the buyers to release the contract, which may require the negotiation of a payment for the contract.

Once the buyer releases, they can transfer the property to you, but I would not recommend they do it before the current contract is resolved.

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Customer reply replied 7 months ago
What if the buyer don't want to release the contract. And my dad still don't want to sign. With out his signature they can sell.
Customer reply replied 7 months ago
I'm thinking now the buyer is waiting for the house to go to a tax sale . And just buy it like that.
Real Estate Lawyer: Loren, Lawyer replied 7 months ago

If the buyer will not release the contract then they have to perform the obligations and close when scheduled or they are in breach.

If your mother and sister can not deliver clear title because your father will not sign then they can be sued by the buyer for breach of contract.

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Real Estate Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question?

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Customer reply replied 7 months ago
They was to close last month but cant . Because the buyer just noticed on the deed next to my mom name stated she was married. They been separated for 2 years but lived together for 15 years. My dad was not there when they started the process.
Real Estate Lawyer: Loren, Lawyer replied 7 months ago

As I said, your sister and mom are in breach if the title company will not clear to close without the father's signature.

They need to resolve it with the buyers. It is not going to close without the father releasing his interest, because it is a cloud on title.

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Customer reply replied 7 months ago
He asked them to pay him, but they say no it was to much money. But wasn't it the buyer fault to make sure all party was there before they sign. His name wasn't on the deed but it stated she was married. Shouldn't they have seen that and ask where is him.
Real Estate Lawyer: Loren, Lawyer replied 7 months ago

Not the buyer's fault. The seller is obligated under the contract to convey clear title.

The father has spousal rights in the property creating a cloud on the title.

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Real Estate Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question?

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