Q: Contract to purchase real estate. Seller passed away.
I have a contract to purchase a residence and the seller passed away a week ago. Do I have any legal way to enforce this contract as her son is harassing me and saying the contract is void and that he is going up on the price etc.
Is the contact still legal and can I purchase for the original contract.
A: I saw this question yesterday, but I passed on it because perhaps one of my colleagues had researched it. I’d have to review the contract and, perhaps, do a bit of research in the jurisdiction involved, but I believe that the binding contracts of a deceased person can be enforced as a claim in probate. It would seem to be more complex if there were remaining contingencies in the contract that the deceased would have been able to exercise. It is a fascinating question, and I’m a bit surprised I haven’t seen it in 37 years of practice. It shouldn’t be difficult or expensive research, and there may be some money -saving strategies to achieve a settlement, but I can’t answer reliably without reading the contract and, perhaps, hitting the library.
A:
You need to hire a lawyer. This isn't a do-it-yourself project.
A contract survives death and can be enforced against the estate. And there's a statute that applies Virginia Code 64.2-523 here:https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/
But again, you'll need an experienced lawyer to preserve your rights.
And, as Mr. Sternberg noted, I also saw (and responded to) this or a similar question yesterday.
1 user found this answer helpful
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.
