Legal Question in Real Estate Law in Florida

i put an offer on a house that is in some kind of trust where the inheritor needs a judges approval to close the contract. i picked this home because i was told it would be a privatley owned home which ment quick close. they accepted my offer and both the inheiritor and me signed a contract with a closing date of jan19 2010 but now i am being told that they are waiting on a judges signature and they dont know when that will be tomorrow is the 19th and my question is what are my rights under this contract can i force the jan 19th close without the judge and what if i dont sign the ammendment to change the date, and am i entitled to anything due to the fact that im planning my move (employment relocation included) for the 20th i already have a rental truck packed and my job is expecting me next monday


Asked on 1/18/10, 6:44 am

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

In your sales agreement there should be a paragraph on what remedies are afforded to you in the case the seller does not come thru by the closing date with a marketable title. In some case it notes you can force specific performance, which is the sale of the home, but if it is in a trust you will have to await the judges approval of the sale. In either case you can sue for damages if the home is not ready for you to close and you have to find another place to stay.

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Answered on 1/29/10, 6:12 pm


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