Broker dies & agent wants to cancel

[Tim Jones]

Hi everyone! So I have a signed PA and have been waiting for negotiated repairs to be made. It's been a lengthy escrow as the seller didn't read the repair list well (speculating here) & finds himself spending more than anticipated. There's been some back and forth and meetings between agents and the contractor to clarify the scope of repairs. My agent just served an escrow extention to give them some more time to perform. The other side has yet to sign... The escrow date just passed. Our response back was this: The listing agent's broker passed away recently (after signed contract & addendums) and the agent is saying that he must re-sign with the seller and that our contract may be voided. It appears that the seller (and agent) are using this to get out of the contract. This property is in California. I'm curious if anyone has been in a similar situation and what course of action you'd recommend. Any and all input is appreciated. Thank you BP community! TJ

[Nathan Gesner]

Two thoughts. First, the contract is technically between the Buyer and the Seller, not between Brokers. Even if the Broker dies, the Seller is expected to honor the contract.

Second, do you really want to force a contract with someone you can't trust?

I recommend you contact the California Bureau of Real Estate and report this. They can probably confirm if the Broker passed or not. If he did, they should be able to confirm who is acting in his place. If he's still alive or if there is a replacement Broker, a call from CBRE should be enough to motivate them to get their act together without you having to file a formal complaint.