our real estate closing was cancelled by a judge 12 hours before our passing because the seller was deemed mentally incompetent of making financial decisions.The elderly seller was scammed online and lost a lot of money.What recourse do we have?
2 Answers from Attorneys
If the seller is deemed incompetent, there is not much you can do. You should contact the person's guardian/conservator and find out if the property is going to be sold. It may no longer be up for sale.
If it is going to be sold then contact an attorney for assistance.
If the seller was incompetent at the time the contract was signed, then the contract is void (technically called voidable). You may be able to sue the broker for damages as the broker may have known about the incompetency. However, you can't sue the seller.