New York  |  Real Estate Law

Legal Question

Asked on: 5/03/07, 4:49 pm

Real Estate

We contracted with the supposed executrix (4 adult siblings are part of the estate) to purchase the deceased mom's house. Then, the brother files a motion with surrogate court requesting to block the sale. ''Let's keep the house until market get's better'' Court says his papers were not files correctly. Then a sister files same request. Meanwhile...we locked in a mortgage rate (costs us $1,700) which expires Monday. We have not gotten to the closing table. Contract stated on or about March 30, 07...month out of date. Our current lawyer is reluctant to send a Law order. Also, says that a specific performance will be costly. We are also selling our house and have buyers waiting on the other side for our house. What are our options in this case. Can we force them to sell the house...can we sue for false contract...she signed as exeutrix only to find she' s not formally appointed. Can we motion to the court to rule...any help is greatly appreciated at this point.

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