Milwaukee, WI asked in Real Estate Law for Wisconsin

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.

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1 Lawyer Answer

Maxwell Charles Livingston Esq.

Answered
  • Albany, CA
  • Licensed in Wisconsin

A: 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 max@maxlivingstonlaw.com if you have further questions, or to setup a meeting in my office.

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