Legal Question in Wills and Trusts in Maryland
I AM BUYING A PROPERTY FROM AN ESTATE. WE AGREED ON 3% CLOSING HELP. tHE PROPERTY WENT TO SHORT SALE BUT THE CONTACT WAS NEVER CHANGED. I HAVE BEEN IN THE PROPERTY FOR 5 MOS PAYING RENT. NOW THE ESTASTS ATTORNEY IS NOT GOING TO PAY THE 3% CLOSING COST. IS THIS LEGAL?
1 Answer from Attorneys
A typical "short sale" involves a contract subject to third party approval. In other words, the contract only "goes forward" if the third party (i.e., the mortgage lender) agrees to take a hit and release the property for whatever price the buyer and seller agree upon. If the lender doesn't like the terms, then typically the buyer either needs to adjust or the deal falls through. Where a cash strapped seller doesn't have enough money to pay off the mortgage it is unlikely to have funds to offer cash for closing help. So in many cases a seller concession for closing help may really translate to a lower pay-off for the mortgage lender which the lender would obviously need to approve.
The exact language of your contract should show the seller's obligation and any contingencies. An attorney cannot really analyze a specific contract without looking at it - you may want to get legal assistance from an attorney of your choosing.
Related Questions & Answers
-
Is it legal for a person to assume their deceased parents home ? Asked 6/16/17, 11:56 am in United States Maryland Probate, Trusts, Wills & Estates