Skip to content
Tax, SDIRAs & Cost Segregation

User Stats

56
Posts
31
Votes
Janice V.
  • Realtor
  • Maui, Hi
31
Votes |
56
Posts

Seller passed 3 days before closing- TX broker canceling contract

Janice V.
  • Realtor
  • Maui, Hi
Posted Mar 27 2019, 09:17

Hi BiggerPocketters!

I understand I would need attorney for this one but I figure those who are local in Texas can give me some inputs and maybe one way or another you’ve had this experience in your years in real estate.

3 days before closing the seller passed away. He had set a “will” and a “Power of attorney” since he knew he’s in his last days. It went to probate and currently we are still waiting til there’s a probate set date is. Almost a month had passed then I received an email from the Broker cancelling the contract and sent me the release form- this is in Texas.

In my understanding anything that’s under contract should be frozen until the judge set an executor for the sellers estate. The broker continuously show the park to other buyer even we have contract set and it’s under escrow. I believe he had found a different buyer and wanted to get rid of me... but it’s in probate??

So, my question.. in Texas real estate broker law- can a broker still continuously show and take offers from buyer even the property is still under contract/probate? And can the broker cancel the contract when the estate is in probate?

I’m so invested into this, time-money. I really appreciate any inputs from local Texas broker, Texas Real Estate lawyer/ attorney.

Thank you so much!