Legal Question in Real Estate Law in Massachusetts
breach of contract
recently made an offer on a home, offer was accepted, and put my current home on the market to be sold in order to purchase home in question. my current home sold in one week. since my home has sold parties to the home i made an agreement to purchase have come into a legal issue where the owner of the home being sold gave the property to his children, the owner and his spouse had a break down in marriage, she left the home and moved somewhere else. the owner has since deceased, the children put the property on the market. the former spouse now has entered the picture and wants a piece of the estate or it is alleged that she may have a tenancy for life in the property. do i have any cause of action in this contract now that i will be without a home?
2 Answers from Attorneys
Re: breach of contract
Do not give up so easily!! You may still have a contract for the sale, and you may still be able to get the deal done. You need legal help to figure this out, IMO. This is a complicated issue. Good luck!!
Re: breach of contract
In the typical purchase and sale agreement, if the seller cannot deliver good title on the closing date, the buyer would only be entitled to a return of the deposit (plus interest if it is in an interest bearing account). This is usally the only damages you would be able to recover absent specific language in the contract which allows for other types of damages. It sounds as if there may be competing claims to the title of the home which may not be resolved by closing date. There usually is a clause in the contract which allows the seller to extend the original closing date by 30 days to cure the title issues. If the seller cannot cure by the extended date, you could agree to another extension or get you deposit back and look for another home. You should carefully read your purchase and sale agreement to determine your rights.
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