Profile picture for user807532

Buying home, realtor never told us house was in probate/ estate...6 months later..5 closing dates

5 closing dates...still hanging in there,...oh 4 sales agreements, the sellers realtor is never forthcoming about anything won't tell us or my realtor anything about what's going on....now house has executor...Next: septic inspection..they tear up huge concrete patio. To inspect...And seller says she can't afford to put property back in original condition...total breach of contract....Gave them 48 hours to respond about putting back in original shape.....If they refuse can I sue seller? Can I sue realtor for not disclosing probate information in the beginning..??? Help....Everyone says walk away...well thousands of dollars and 6 months later. I'm not going to do this..I love property...but it has been a nightmare for me and husband our retirement dream home.... If anyone has info to help me please ...if I told you the whole story of the last six months...you wouldn't believe it...very upset.....
  • August 08 2012 - Des Moines
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Answers (6)

Profile picture for blue screen exile
"If they refuse can I sue seller? Can I sue Realtor for not disclosing probate information in the beginning..???"  -

Since you stated you already have a lawyer, you are best off asking your lawyer about the laws in your State.

In the United States, you can sue just about anyone for just about anything, but most suits would be expensive and not successful.

If is probably pointless to sue a dead person's estate, and would probably be just as inefficient and ineffective suing a relative that was not informed of the procedure, or suing the executor that hadn't been appointed yet.  Realtors are only required to disclose what they know.  As already pointed out, they are rarely liable for anything.  Your contract is with your Real Estate agent, not the listing agent.  But likely you signed an "arbitration" agreement with them stating you wouldn't sue.  They have local boards to help settle disputes and discipline Realtors.   The State licensing department also has the ability to suspend licenses, etc for violations.  But it is unlikely that any action would be taken in your case, even if reported.

Discuss it with your lawyer.  if you don't like your lawyer's advice, there are plenty of other lawyers that will be happy to take your money, but the outcome would likely be about the same.

But they don't call the outcomes of legal cases "winning" and "losing" for nothing.  The outcome is in the details and the execution.
  • August 08 2012
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Profile picture for user807532
In Iowa the seller is responsible for septic...the Realtor had no idea if the deceased kids were even able to sell the house, from March to July ...but he listed it and Never once told my realtor about it just kept putting us off..I than got an attorney, who found all this out.....Thank you for your input....
  • August 08 2012
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Profile picture for blue screen exile
Who inspected the septic system?  Did you request and pay for the septic system inspection?  If so, you may be legally responsible for restoring the patio condition even if you don't buy.

As for "probate", there are usually required public notices about probate sales.  In some areas, they are required to go before a Judge, with a procedure to accept higher offers at the probate hearing.  The Realtors are not required to post that the property is owned by a deceased person.  But most Realtors will not take a listing by a party not having the authority to sell it.

Yes, probate is typically a long process.  That is why many try to bypass it with a Living Trust, but that takes pre-planning, and is typically not "cheap".
  • August 08 2012
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Profile picture for Dunes ..


"the sellers realtor is never forthcoming about anything won't tell us or my realtor anything about what's going on"
Reading the post seems to strongly suggest they had their own Realtor...


You need Legal Advice from someone qualified to give it & not the speculation/yadda yadda you'll get here... imo


  • August 08 2012
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Profile picture for user174488
Did you use a realtor to look after your best interest? Or just the sellers realtor?
  • August 08 2012
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Unfortunately, you need more advise than the general responses you'll receive in the forums.

Your best bet would be to contact an attorney specializing in Real Estate law to work through these issues.

And if the seller doesn't have the money to make the repairs, well it's all one big legal mess.  An attorney will guide you through your options.
  • August 08 2012
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