A good lawyer for the buyer is going to argue that your mother had an equitable interest in the property and authority to sell it. If she really wants out of the contract I would contact a local real estate attorney for their opinion on the enforceability of the contract. Garrett
The legallity of a contract - Posted by Emily Hendrix
Posted by Emily Hendrix on April 28, 2004 at 13:08:52:
My mother recently entered into a contract of sale on her home. When the contract was signed she was not the legal owner of the property as later we found out that her name is not on the deed. My father’s name is on the deed and he is deceased. The probate will not be official until May 17th. Is the contract legal since she is not the legal owner of the property??? She wants out of the contract and doesn’t want to sell.