Asked in Probate and Real Estate Law for California

Q: We went into buying a house on probate. We went to court and it was awarded to us we have put 43k down (5%)

We put 5% and where told the keys will be given in two weeks. 8 weeks later we don't have them and we are told we are waiting on a bond. And don't get much details or a time on it. What exactly are we waiting for and is there a way to get out?

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1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: I am not certain about the initial facts of your question.

If you were a purchaser of the property, that is you had a sales contract but court confirmation was required and received, then the sales contract would specify the date for close of escrow (to turn over the keys.) If this date was missed, then you can demand performance and, if it is not forthcoming, cancel the contract.

However, if you were the high bidder at a probate court auction different rules apply.

I would recommend that you have a lawyer review this matter, particularly because you want to make sure that you will not loose your deposit if you decide to cancel the sale. (Real estate sales contracts have multiple provisions that cover what happens to the deposit if a sale is canceled.)

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