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bmorekd | We are buying a house and the seller died!!!!? |
the woman selling our house died. the estranged husband only speaks korean and has not contacted a lawyer to get this rolling, the son is not able to sign. we were supposed to settle yesterday, we obviously did not. i have to be out of my apartment on july 31st, along with my entire family and extended family who is supposed to be moving into this 8 bedroom place with me. any suggestions? is it reasonable to ask to live in/rent the place for free until we figure this out? what legal options do i have here? we are now out of contract because settlement was yesterday! im starting to freak out!
Additional Details
yes we had an agent and a contract, and i have been told that it will not go into an estate sale. this husband guy just needs to call a lawyer to open the estate so the lawyer can sell me the house! |
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Frank
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You should get a translator to help you. The son might be a good one. You should try to type a contract as you speak. State that you need to move into it because you have to be out of your apartment on July 31. You want to rent to own it until the future closing under the same contract terms as before. Say that it will be conditional on everything being corrected that was on your walk through inspections unless you specifically agreed to accept certain or all general conditions. Point out that all the rent should be applied to earnest money so if you do not buy, then they get to keep all the rent money, but if you do close on the house, then all the rent money gets applied as earnest money to the house. You should also state that since you okayed the inspection, and will apply all the rent money to earnest money, that you will be responsible for all repairs as long as you are living there. If you had closed on it you would be living there and responsible for all the repairs and if there is anything major, then you can always back out and let them keep the earnest money which you would lose anyway if you were paying rent to the apartment complex. Also state that any appliances, drapes, and fixtures that you add or upgrade you get to keep if you leave as long as you return the house to its pre-move in state. Any repairs or structural upgrades that you make to the house must remain as is with no reimbursement just as if you made a repair. So if you replace the asbestos siding with hardieboard, and you don't buy the house, then you leave, the hardieboard stays, and its your loss. Also, if you decide not to buy the house and move out, then since you were responsible for the repairs, then you have to make all necessary repairs, touch up painting, and cleaning to return the house to its pre-move in state.
If they agree, then you also need to make sure the realtor gets a new valid contract written, just in case although I think many settlements go beyond the expected settlement date without any repurcussions. |
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daeve930
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No real estate agent? When a party to a contract dies, the contract is terminated. Call a lawyer. You're probably cooked, but he'll be able to tell you what rights you may have. This kind of thing can vary by state. |
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gaonumen
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Death of one of the parties to a contract means that the contract is terminated. Insanity has the same effect on a contract. This is very basic contract law.
Unless her husband was on the original contract, there is no more contract. Period.
You should talk to the title company involved. They always have at least one real estate attorney on staff, and this is a good way to get free legal info. Ask them to find out if there is a joint tenant, or heirs to the estate, or if the estate will pass according to the Law of Descent. In other words, find out who rightfully owns the home now, and negotiate the contract again.
Good luck. I'm sorry for your misfortune. |
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James O
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thats some bad luck. Sorry to hear that. I would be up front with everyone involved and see what kind of favors you can pull. If the husband wasnt on the title, then the contract is dead. Pardon the pun. i would look for another house and possibly get a month to month lease somewhere. if that fails, you can always build a house anyway and anywhere you want.
james.oswald@diyownerbuilder.com |
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src50
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If she owned the house, it and the rest of her estate now goes into probate, which could take a year or more to settle. The language problem will make it worse. You are out of luck. I HOPE you were using a realtor and had a standard sales contract. |
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Brian B
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Wow. What a mess. It is not unreasonable to live in the house and pay an amount of rent that eventually offsets from the purchase price. For instance, if you pay $1,000 per month for 2 months on a house you're supposed to pay $200,000 for, at closing you would only owe 198,000. If it never closes, you're out the $2,000 just like a rental. The nice thing is that if structured properly, the liability stays in the current owners name, and if anything is terribly wrong with the house you don't ever have to close. You need a real estate lawyer to help you with your options. |
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dane_62
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As far as you living in the place that causes leagle issues for the seller, espcially if the deal does not go through for some reason. Even if they are not charging you rent ( at least in California) they have to go through the formal eviction process to get you out.
I think you need to talk to your current apartment management, see if they will let you stay a bit longer, or find some place that allows month to month leases, it's very unlikely you'll sort this whole purchase out by July 31st |
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HIGH SHAMAN
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YOUR agent should be handling this for you ...
Call him or her and tell them to get off their as* and contact these people so you can get your house ....
I'd suggest renting the house for about 60% of what your house payment would be until this can all be settled .... |
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V-Unit
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Find a Korean translator fast...and get this sorted out quickly between the two parties...as for living longer...try to explain the situation to the landlord....Goodluck! |
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