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Northeastern Pennsylvania Scranton, Wilkes-Barre, Pocono area
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Old 04-10-2009, 08:33 PM
 
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My father passed several months ago,my mother his xwife who is the executor was talked into selling his house by my sister...she signed the contract...closing has been delayed 1 week because of the holidays but on the contract it states the 9th of Apr....my question CAN I stop this ?????
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Old 04-10-2009, 08:48 PM
 
Location: Dallas, PA
1,418 posts, read 3,584,000 times
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Originally Posted by phillypete711 View Post
My father passed several months ago,my mother his xwife who is the executor was talked into selling his house by my sister...she signed the contract...closing has been delayed 1 week because of the holidays but on the contract it states the 9th of Apr....my question CAN I stop this ?????
Per my real estate text:

"If the seller defaults:
  1. Buyer may cancel the contract and recover the earnest money.
  2. Buyer may file a suit for “specific performance” to force the seller to convey the property. The basis for an equity court's jurisdiction in breach of a real estate contract, (suit for specific performance) is the fact that land is unique and mere legal damages would not adequately compensate the buyer for the seller's breach.
  3. Buyer may sue the seller for compensatory damages.
BUYER CANNOT SUE BROKER FOR NON-PERFORMANCE-ONLY THE SELLER!
Example: The parties to a real estate transaction have agreed to all terms, and they are only waiting for the closing day to arrive. One of the parties (buyer or seller) decides not to close the transaction. Because there are no two properties that are the same, either party can sue the other to force the closing of the transaction (suit for specific performance)."


With regard to your mother possibly being forced to sign this contract against her will, it could be voidable if she were put under duress. You really need to speak to an attorney! FYI, I am NOT an attorney or a real estate professional. I am currently studying for the salesperson's license so the laws are fresh in my mind, that's all.
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Old 04-10-2009, 08:50 PM
 
Location: Dallas, PA
1,418 posts, read 3,584,000 times
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Quote:
Originally Posted by phillypete711 View Post
My father passed several months ago,my mother his xwife who is the executor was talked into selling his house by my sister...she signed the contract...closing has been delayed 1 week because of the holidays but on the contract it states the 9th of Apr....my question CAN I stop this ?????
You know, now that I answered you, I'm wondering if I understood your question.....did you mean can you stop the sale because your mother wants to stop the sale? Or are you asking if you have any legal interest in the property?
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