Legal Question in Real Estate Law in Maryland

I am in Maryland. We just ratified the contract on a house. The seller died 1 month before closing. We do not pursue buying the house anymore. They let us know 2 weeks later she died. How can we get out of this deal without losing earnest money?


Asked on 3/04/11, 1:05 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Typically a real estate contract is binding on the heirs & estate of the deceased person and death of a seller does not automatically cancel the deal. The personal representative of the estate would simply sign the deed. The more fundamental question is why do you want to get out of the contract?

I suggest that you consult with an attorney who will be able to look over your contract and/or negotiate with the estate to terminate the contract with return of the deposit.

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Answered on 3/05/11, 6:10 am


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