Legal Question in Real Estate Law in Pennsylvania
My wife is Tenants In Common on a property she inherited from her father.She and the other owner have a signed agreement of sale(with deposit).The agreement was signed in February,and was supposed to close in April.The other owner(who has been uncooperative since my father-In-Laws passing in February 2011)needed time to find a new residence,the buyer was nice enough to agree to push back settlement to June 1st.With a Mortgage Commitment date of March 25.The bank and/or buyer want to move the Mortgage Commitment to May 1.The other owner now wants to cancel the Agreement of Sale,using the movement of Mortgage Commitment as her reason.Can she use this as a Legal way to cancel the contract? If not and she backs out anyway.I know the Broker can sue us for Commission earned,Buyer can sue us.
1-Can the other owner legally cancel this contract?
2-If not what damages can the buyer sue us for?
3-If we are sued,by Broker and Buyer can we sue the other owner her for damages(what ever we lose)because we don't to cancel.
Thank You
1 Answer from Attorneys
I would suggest you review the matter with an attorney as this has gotten quite complicated due to the changes.