Is a purchase agreement still in effect if the seller dies before closing?

House model and puzzle with text probate

We are (hopefully) closing next week on the purchase of a property which was initially supposed to close in February.

Why the delay? The single seller died shortly before closing.

Because the seller entered into a valid agreement before she died, the estate is bound to honor the contract even though some heirs did not want to do so.

The key is patience (and legal counsel). In this case it has taken nearly eight months to work through everything. It isn’t over yet, but hopefully we will close next week.

FYI… the seller did have someone who held Power of Attorney for legal matters, but POAs are only valid when the principal is alive. The seller was the sole owner of the home, so the estate had to go into probate.

If this happens to you and you still want to purchase the property don’t give up, but seek legal counsel to guide you through the process… and be patient, it could take a while!

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I love what I do! Highly insightful, analytical and creative, there is nothing I love more than helping you find the right solution for your real estate transition. My mission is to serve my clients with honesty and integrity, exceeding their expectations in service and support… and to help others by donating a portion of every transaction to Habitat for Humanity.

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