Q: Offer accepted subject to inspection, failed inspection, new offer seller repair. Seller dies before accepting
Seller had a court appointed representative. This person claims at death they cannot represent the seller any more. The second offer for the seller to repair has a ten day expiration date. The seller has no will and no one has been assigned to represent the estate. Is the offer null and void after the 10 period specified in the second offer. I am sure if there was a signed contract the contracted would have survived the sellers death but since the home failed the inspection can the buyer consider the original contract void based on the inspections failure. Does the seller/estate (even though no one has been assigned) still have only the ten days to accept the contract.
Great questions! Technically, you could argue that the 10 day period to cure/repair has expired - meaning that you can walk away free and clear. The counter-argument may be "extenuating circumstances". But, I believe you would have a strong point that in fact has expired - meaning you can walk away.
Please email me at email@example.com if you have further questions, or to setup a meeting in my office.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.