Seller discloses bankruptcy day before closing

Seller discloses bankruptcy day before closing

Member since 2018 · 2 posts · 0 votes

I put in an offer on a home that we found on the MLS in Philadelphia. This offer was accepted and we proceeded down the line with financing, title, earnest money, option money,etc… The day before we were to close the seller informed me he was in bankruptcy (Ch 7) and couldn't close. Closing was pushed back because courts needed to approve the deal. 

I read the last court filings and it asks the seller to find a deal.

The deal fell through in the courts. I was told they took a cash offer.

I contacted a real estate lawyer but again it seems at this point I'd be digging a bigger hole retaining him. 

My question are 1. How can my signed agreement be dismissed like that? 2. Who is responsible for my expenses incurred?

I know most people will say that the seller is responsible for my expenses and I agree. But it would be very difficult to collect from someone who is in bankruptcy and not worth my time.

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  • Attorney · Northbrook, IL · Member since 2017 · 719 posts · 549 votes
    5y

    Once you file bankruptcy, your assets are under the control of the court appointed Trustee. Most of the time they approve the contract we have on the property, but I'm guessing you had a low ball offer? In order for this to happen, either the attorney or trustee realized you were buying for way under market value and bumped you out for a better offer. 

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