Wixom, MI asked in Real Estate Law for Michigan

Q: Can a seller sue me if they sign a contract releasing me from a sale if I add in the verbage clearing of further action

I am days before closing. My uncle recently passed away and those who were willed the home reached out to see if I'd want to buy the house. I understand if I back out of the original home purchase I lose my deposit. I also know the seller can technically sue me for mortgage payments until the home sells and the difference if they accept a lower offer. My realtor advised if I were to offer to pay one mortgage payment and have them sign a release saying I am cleared of further action, it should be enough to prevent anything. If the seller signs a document that states, is that protection enough?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: It may work, and it may not. ANYONE with $150 can sue for any reason whether or not a lawsuit is technically valid.

That said, IF and only if the release is worded appropriately it can protect you. BUT -- and I can't stress this enough, do not EVER take legal advice from a realtor! Or for that matter your hairdresser, a green-goods grocer or even a fishmonger. Get thee to a real local licensed attorney to help craft a release that will actually protect you and work.

MANY times real estate salespersons try to dissuade people from getting an attorney. What would you say to someone who said 'you don't need a real mechanic to fix that car. Just put this in the gas tank'? How about , here's a sharp knife. You don't need a licensed surgeon to remove an appendix! It is easy. I'm a butcher and I cut meat all day long!

I think you see the point. Get real legal advice and have that licensed pro provide you with whatever documents you may need to protect yourself in the long run.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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