Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Wholesaling
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago on . Most recent reply

User Stats

36
Posts
5
Votes
H J.
  • Norcross, GA
5
Votes |
36
Posts

Seller dies, and Daughter Refusing to Honor Contract

H J.
  • Norcross, GA
Posted

Situation: in 2017 I got a property under contract for $60k. Found a buyer, who paid $1000 earnest money to the owner. Owner was elderly, and his wife had passed away in 2010 without leaving a will. So estate had to go through probate. I got an attorney who did a lot of work(for more than a year) to get it through probate.

Around the end of 2018, this elderly owner got Alzheimer's and died. Now his daughter is refusing to honor the agreement. She is claiming that he had dementia at time of signing the agreement, which is not true.

She is demanding that I remove lien on the property.

What would you do in this situation? Thanks in advance. 

Most Popular Reply

User Stats

96
Posts
57
Votes
Michael Gilman
  • Investor
  • Westchester, NY
57
Votes |
96
Posts
Michael Gilman
  • Investor
  • Westchester, NY
Replied

What does the Contract provide for with respect to non performance by seller? Practically speaking courts will rarely grant specific performance (force a sale). You may have a case for some form of monetary damages if you can show concrete losses. This is going to be a state law matter so consulting with a local attorney is necessary.  Most buyers will just move on in these situations as the lawsuits are rarely worth the cost and outcome. 

Loading replies...