Q: What are my options for speeding up a sale?
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the lawyer is giving excuses on the delays of providing the deeds.
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- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or administrative fees are holding back the closing of the Estate. You should not have paid out the purchase price till closing, as you may never get the property or the money back. If an heir reneges, it destroys the whole deal, and specific performance actions are rarely successful. A Partition Action may result which nullifies your contract.
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