Hendersonville, NC asked in Contracts and Real Estate Law for North Carolina

Q: Breach of contract? contract to sell property was not transferred from deceased preventing closing.

we signed a contract on 8-17-2020 to purchase property. A week before the closing we were informed of a delay due to probate. The day the closing was schduled our attorney learned the estate was never filed. As time is ticking and the sellers are running out of time, our attorney and sellers realtor are pressuring us to rent while we wait to close. We moved from NY, have our stuff with a moving company thinking we would have closed already. Our attorney thinks it is fair we pay rent and get reimbursed for half of this when we close. The sellers broker has been working this angle since we learned of the delay. Is this how things go here in this state. Is this typical practice?

Related Topics:
1 Lawyer Answer
Ben Corcoran
Ben Corcoran
PREMIUM
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: The buyers can not give you a clear title until two years have passed since the death of the prior owner, or the notice to creditors has run in the local paper. How your attorney missed this significant detail, I do not know. I can only guess that you were paying cash and did not ask for title insurance.

Ask for a modification of the contract, and hopefully, everything can be worked out quickly.

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.