buyer wants out because seller passed away - Posted by klara

Posted by eric on April 12, 2004 at 14:35:53:

I’m confused. What do you mean by “seller died a month after sale?” In the sentence before the last you state that escrow has yet to close. Are you saying that seller died during escrow? If you know that the seller is dead, what is there to disclose?

buyer wants out because seller passed away - Posted by klara

Posted by klara on April 12, 2004 at 07:55:59:

State of California.
seller died a month after the sale (natural death) . buyer wants out due to not disclosing death in house , but the death was after the sale. Can the buyer back out because of that? What is the sellers wife entitled to ( the deposit? any compensation?) buyers’ deposit is with the escrow. The deal is two weeks away from closure. Sellers wife started vacating the property.
Please Assist.

buyer wants out & I’d let them go - Posted by John Merchant

Posted by John Merchant on April 12, 2004 at 20:12:33:

Seller’s death is no legal grounds for rescission of the contract.

However, S normally can’t successfully sue B for B’s failure to close, and this being true, it would probably make more sense to let the B walk…knowing B usually wins these battles & cost involved, I’d sure let the B go.