Buying house w/1 owner deceased

[knmisla]

Jurisdiction

Texas

I have a contract on a house for purchase. After the contract was fully executed and the title search was being done it was disclosed to me that there are heirs that need to sign off on the paperwork. One is ok with signing the needed paperwork, the other one has not signed the paperwork, nor is giving the indication they will.

If they do not, do I as the buyer, have any recourse to recover funds I have already put out to purchase this property?

This heir issue was not disclosed prior to me putting money out above the earnest money (inspection and appraisal fees). Is there any recourse for me to recover these monies if the heir that is not cooperating does not join the sale?

 

[adjusterjack]

Is there any recourse for me to recover these monies if the heir that is not cooperating does not join the sale?

Absolutely.

Your purchase contract is based on the seller delivering good title. If he can't (the heir not signing is a stain on the title), you rescind and demand your money back.

 

[army judge]

I have a contract on a house for purchase. After the contract was fully executed and the title search was being done it was disclosed to me that there are heirs that need to sign off on the paperwork. One is ok with signing the needed paperwork, the other one has not signed the paperwork, nor is giving the indication they will.

If they do not, do I as the buyer, have any recourse to recover funds I have already put out to purchase this property?

This heir issue was not disclosed prior to me putting money out above the earnest money (inspection and appraisal fees). Is there any recourse for me to recover these monies if the heir that is not cooperating does not join the sale?

I suggest you read COMPLETELY the contract to purchase.

You are calling it a purchase contract, however, what is the document named?

Generally, you look to the document, before looking to the courts.

The time to conduct "due diligence" is BEFORE you shell out any money.

If money is demanded, never bind any agreement with more than ONE US DOLLAR.

If earnest money is demanded, run away from the deal.
Its earnest money to an honest person, such as yourself.
The the shyster, its HIS money no matter what.

 

[knmisla]

You are calling it a purchase contract, however, what is the document named?
The document is called --> One to Four Family Residential Contract (Resale)

This is why I called it a purchase contract.

And yes, I actually read the contract - even the boring legal wordage and there was nothing noted that heirs were involved in the selling of the property. Only the widow who was selling the house.

After both of us signed the contract only then was the appraisal ordered, which after that was completed the title company began their process and discovered the heirs. I as the buyer per the contract was responsible for the cost associated with the appraisal.
Thus my question - since the heir issue was not disclosed by the seller and the sellers agent is there recourse to receive compensation for the fees I have already paid.

 

[adjusterjack]

Thus my question - since the heir issue was not disclosed by the seller and the sellers agent is there recourse to receive compensation for the fees I have already paid.

Yes, but only if the seller cannot deliver good title.

If the seller has not resolved the issue by close of escrow then you don't close and you demand your money.

You aren't entitled to it until then. In other words, you have to wait until the closing date.

You can't just anticipate that it won't be resolved.

Consult an attorney.

 

[knmisla]

Yes, but only if the seller cannot deliver good title.

If the seller has not resolved the issue by close of escrow then you don't close and you demand your money.

You aren't entitled to it until then. In other words, you have to wait until the closing date.

You can't just anticipate that it won't be resolved.

Consult an attorney.

---Thank you - I figured have to wait until closing date and see what happens - I honestly want it to work out - Just wondering if there is recourse if it doesn't work out because I was not provided rather important information from the beginning.

 

[army judge]

---Thank you - I figured have to wait until closing date and see what happens - I honestly want it to work out - Just wondering if there is recourse if it doesn't work out because I was not provided rather important information from the beginning.

The issue boils down to what the seller knew, and when it was known.

The seller will most likely assert that he was blindsided when Uncle Bertram appeared out of the blue. In essence, the seller will play dumb, unless of course, he was truly blindsided when Uncle Zebediah came back from the grave to queer the deal.