Waynesboro, VA asked in Real Estate Law for Virginia

Q: In Va if you have a contract to purchase a piece of land and the seller dies before it can be closed on. What options

The seller passed away after the contract was signed. We have been paying the mortgage payments for 7 years on her behalf.

Do we have any recourse to have the contract enforced.

Also what happens if the heirs refuse to honor the contract.

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Salem, VA
  • Licensed in Virginia

A: There are several ways this can still happen, but you'll need a good experienced real estate lawyer to help. There is a statute that applies to pre-death contracts (64.2-523 - here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/) but you really need the help of a lawyer is it is complicated.

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