Legal Question in Real Estate Law in Florida

Land Contract Default
We sold Florida comm. prop. on land contract to husband & wife. They were going to get divorced & Wife signed Quitclaim Deed. Husband died, no Will, did not get divorced. Wife committed suicide 8 months later, no Will. We didn't know she had died, did not receive payments so we sent her a certified letter of default,letter was returned to us as no one picked it up for a month but they did pick up her other mail. We term. contract by default because of no response by the date specified in letter. Husband had no children, wife had 4. Contract states all convenenants & agreements in contract extend & be obligatory upon the successors,heirs, etc.; and in the event of termination of contract by default the Buyer shall & will execute a Quitclaim Deed to Seller, if failer to do so the Buyer shall & will pay to Seller all Expenses, etc. to remove the contract from record as a cloud on title to the property. Did not hear from siblings for 8 months after their mother died. No payments have been sent for 14 months and we paid the taxes too. Sent siblings Quitclaim Deed for all to sign, a wk before due back to us they call & say they want to talk about payment options. Shouldn't these 4 siblings honor the contract & sign the QC Deed?

Asked on 10/27/06, 7:01 pm

David Slater David P. Slater, Esq.

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Re: Land Contract Default

They are not required to and you should be dealing with thye personal representative of the estate, not the children.

Answered on 10/27/06, 10:46 pm

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