Legal Question in Real Estate Law in Florida

Re: Seller want to cancel contract

The seller cannot cancel without buyers consent. The contract should have been conditional upon their acceptance into the assisted living center. Perhaps you can delay the closing date or have your parents rent the home after closing. They should have retained me before signing. Good luck.

Re: Seller want to cancel contract

Obviously your parents did not sell their house last month if the closing is scheduled to take place on July 15th. I think you mean that your parents signed a contract to sell their home last month. Unless the contract is contingent on your parents being accepted into the assisted living facility, they have a problem. Generally, contracts for the sale and purchase of real property do not allow the seller to unilaterally cancel the agreement. The seller must obtain the buyer's consent.

If the buyer is obtaining financing for the purchase, find out if the loan has been approved. If the buyer fails to qualify for the mortgage loan, then obviously the buyer will not be able to purchase the property, and most contracts are generally contingent on buyer obtaining financing. Try speaking with the buyer or buyer's agent/lawyer regarding the possibility or delaying the closing or, alternatively, having your parents rent thier home after the closing to allow them more time to seek entry into an ALF. Your parents should have sought the advice of a real estate lawyer before signing any contract for the sale of their home. Good luck.