Seller Died
I have a tract of land under contract contingent on zoning. Big ugly zoning case that has been tied up in court for years. At any time the final ruling should come down. I have won every aspect of this case so far and am confident that I will get the zoning. My contract expires in December.
Here is my problem, the seller has died. My lawyers have sent certified letters to the estate and we have not received any reponse. Notice of the Sales Contract is on record. The lawyers tell me not to worry. I am woried! What should I do?
Thanks
Surely, these things happen. At this point you would do well to get a second opinon from another law firm. Make sure to do so from a good RE attorney.
Be assured yours is not the first such case. No doubt a precidence exists in the law books.
I wouldn't worry, as a general rule contracts are binding on the estate. If you have that much tied up in the zoning case a few more bucks to enforce your title claim is minor. Good you had it recorded.
In California you can file a petition with the probate court to enforce the sales contract by the administrator of the court, or the trustee if the property was in a trust. Of course, the contingency has to be removed before that can occur. I suppose there is a similar procedure in GA.
In California you can file a petition with the probate court to enforce the sales contract by the administrator of the court, or the trustee if the property was in a trust. Of course, the contingency has to be removed before that can occur. I suppose there is a similar procedure in GA.
If you had a valid, enforceable contract with the decedent, then you have a valid, enforceable contract with his/her estate.
Just make sure your contract is recorded, and if the lawyer did it, make him/her show you exactly what is recorded.