Legal Question in Real Estate Law in New York

Re: Validity of contract

Since she did not own the entire property she could not sign as owner. The contract is invalid.

Re: Validity of contract

She can only convey her interest in the property. As to her undivided one-third interest, the contract can probably be enforced. However, I doubt that you wish to pay the full price for only a one-third undivided interest.

In the event the other two tenants in common don't wish to sell, she may bring a partition action to force a sale of the property.

You also may have a claim against her for breach of contract.

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Re: Validity of contract

The question has many answers, depending on the facts. The contract would appear to be binding on the (surviving spouse?) mother as to her one-third interest in the property; as to the balance, you might have a lawsuit against the mother that might, depending on the nature of the family, induce the children to sign off on the transaction to get their one-third interests in the proceeds. In the absence of a bad contract, the failure of title on the seller's part almost certainly entitles the buyer to back out, recover the downpayment, and expenses, such as the expenses of a title examination. There are lots of subtle variations out there. If you want to do something other than cancel the contract, you will need counsel.

If the seller resists returning the downpayment or covering expenses, the buyer can bring a lawsuit to impress the vendee's lien and foreclose it