Legal Question in Real Estate Law in Maryland
Upon deceasing of the seller we would like to cancel the deal on buying the house contract. we are 10 days away from the closing, we just do not want to buy the house anymore, just because the seller died in that house.
The agent of the seller sent us an e mail today:
"As we discussed yesterday, the contract is still a legal and valid contract and the buyer does not have the right to cancel the contract. The estate is kindly willing to release them in return for their deposit. I know it is an unfortunate situation but it is difficult for the family as well. If your client cancels this contract there are additional expenses due to the delay in settlement etc.that the family will incur. I will discuss again with the family but doubt that they will agree to the release under these terms. If not, we will expect settlement to occur as scheduled. Also, please remind your buyers that if it we don't agree to cancellation terms, and they don't go to settlement, they could not only lose their deposit but also be responsible for other loss and damages as well."
What our expenses that he is talking about? What do they claim other than the earnest money?
1 Answer from Attorneys
Thanks for your post.
It appears that this may be a duplicate posting regarding the validity of a contract of sale after the seller's death. As mentioned previously, contracts of sale for real estate generally will be carried out by the personal representative if the seller dies before settlement. Unfortunately, an online post cannot give you specific legal advise or analyze the particular damages in a given matter. That being said, if one party breaches a contract (that is, they don't do what they said they would do in the contract) without a legally recognized excuse, the other side may be able to force performance, and depending on the contract may be entitled to attorney fees and so forth.
I strongly encourage you to seek legal counsel. While I hope the general legal information in this answer helps, it is not a substitute for legal advice.
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