Home Selling in Los Angeles>Question Details

doribaby1, Home Seller in Los Angeles, CA

FBO, the buyer has the funds in escrow but the seller is sick, if he can sign closing papers. in case of illness can the buyer win any legal action?

Asked by doribaby1, Los Angeles, CA Mon Oct 22, 2012

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I agree with the other responses my colleagues have written. Are you saying the seller is never going to sign papers or is the illness temporary?

In the case of temporary, my humble opinion is that you'd be wasting time and money by suing. If there is a valid illness involved, think about how you would like to be treated in that situation.

Take care.
1 vote Thank Flag Link Mon Oct 22, 2012
If the seller is so ill he/she can not even sign papers, the buyer may have some issues with taking leagl action.

Is the seller too ill to even respond to the legal claim? Are they even healthy enough to act in their own defense?

Is the seller in a life or death battle? Being so ill you can not even sign your name could mean the seller is in grave condition.

The buyer should consult an attorney to determine their rights should the seller actually not be able to close the deal due to illnes.

This sounds like a situation that may require some compassion vs legal action.

Best of luck to you,
Kawain Payne, REaltor
0 votes Thank Flag Link Sun Oct 28, 2012
To answer the short question--absolutely, the buyer can pursue legal action. The seller's illness is not an excuse for failing to follow through on an otherwise valid contract. Provided everyone still wants the sale--the seller can voluntarily grant power of attorney for someone else to sign paperwork on their behalf.
0 votes Thank Flag Link Tue Oct 23, 2012
Your question is hard to understand. But, if it is as stated by Garret bellow, then he is correct.
0 votes Thank Flag Link Mon Oct 22, 2012
Do you mean, "if he CAN'T sign closing papers, in case of illness, can the buyer win in legal action?"

Answer: Yes.

"If a buyer and seller enter into a valid binding contract and one of the parties dies or becomes incompetent, the contract is VALID if it was signed BEFORE the party dies or became incompetent."--California Real Estate Principles Book, 12th Edt.

Hopefully, it won't need to go to court, but the buyer will be in favor on this one.
0 votes Thank Flag Link Mon Oct 22, 2012
posing the question for the seller. no agent, the seller & buyer made a contract. the seller fell,hit head. cannot sign closing papers. if not able to close can the buyer sue the seller?
0 votes Thank Flag Link Mon Oct 22, 2012
You need to provide more complete information. As stated hopefully buyer has a realtor advising him/her. What would you ask the court to do - force him to sign? Seller is likely to get better or worse before you ever end up in front of a judge.
0 votes Thank Flag Link Mon Oct 22, 2012
Not quite sure what the question is. Are you the buyer? If so, hopefully you are working with an agent. Have you released all the buyer contingencies? Are you ready to fund? The seller cannot arbitrarily decide not to sell, illness or not. But your question is too vague to answer.
0 votes Thank Flag Link Mon Oct 22, 2012
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