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My Mother is 93 yrs old and she has an empty lot next to her…

Customer Question
My Mother is 93...

My Mother is 93 yrs old and she has an empty lot next to her home that she wanted to sell. The realtor found a buyer and now my mother wants to back out of selling it. Can she back out?

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

Pa

Lawyer's Assistant: Has any paperwork been filed?

I don't know. The realtor wants her to sign some other papers this weekend. The only thing she signed was an agreement of sale

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

That is all for now

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/3/2018
Real Estate Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,846
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Did your mother sign the sale contract? Is there any reason the buyer may be in breach?

Will the buyer agree to walk away and release your mother from further liability?

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Are you online with me?

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Customer reply replied 6 months ago
The only paper she signed was the agreement of sale, one signature and some initials in maybe 3- 4 spots
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, the contract controls and unless it contains a provision allowing your mother to terminate, or the buyer is in breach, if your mother refuses to close she will be liable for breach of contract.

Assuming the contract does not limit the buyer's remedies for seller breach, your mother would be fully liable for their money damages, as well as equitable relief, such as an order of specific performance.

Your mother should try to negotiate a settlement by asking the buyer what it would take for them to walk away.

She may also get pushback from the broker who will assert that they are entitled to a commission because they procured a ready, willing and able buyer for the property.

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