Paris, TN asked in Contracts, Estate Planning and Probate for Tennessee

Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for specific performance is doubtful, and it will not go through quickly. Consult with a competent attorney about reading the contract verbatim and your realistic risks. If you definitely cannot find another home, then it is worth the small risk of getting sued to walk away.

Mr. James Charles Wright agrees with this answer

Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The answer based upon what you have provided so far is -unfortunately - it depends. Someone will need to review the contract and the circumstances. Depending on the terms and conditions you may have a way "out."

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