Q: I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.
I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then was told that it was sold to some one else. Do i have any recourse in this matter
A: The short answer to your question is: Likely not.
Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer" only subject to court confirmation. Since you were not in court, another person/entity bid over the amount you offered and thus the court confirmed his/her/its purchase price.
In re what you are about appearing. Any number of things could have gone wrong, which include, but is not limited to: 1) you were told exactly what your wrote, if so then the realtor you spoke to likely did not know what s/he was doing; 2) you did not listen completely to what happens and exceptions that allow another person/entity to bid higher than your offered purchase price; 3) you did not understand all explained to you; 4) you are lied to. There may be other reasons that cause you not to appear. I have never represented someone wanting to challenge a court confirmation of sale of real property, but I can imagine the cost and effort involved would likely be a lot.
I wish you well.
Dara Joy Goldsmith agrees with this answer
A: I agree with my colleague Mr. Kaplan and add that you should discuss this with your agent. You should review your offer and the acceptance and any accepted counteroffers. If you still have questions you may want to retain an attorney review the documents and advise you of any rights you may have. In the meantime, your deposit should be refunded to you.
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