Legal Question in Real Estate Law in Oregon
Consumer Contract Law/Breach of Contract
My grandparents agree to sell their home and lot to a young couple. Prior to closing, my grandfather passed away. Also prior to closing my grandmother decided not to sell the house. She notified the buyers that she no longer wishes to sell the house and that she was revoking her acceptance of their offer based on my grandfather's death. My grandmother thereafter made up a new will and named me as executer of the estate and further provided that I--name removed--inherit the property on her death. Can the buyers sue my grandmother requesting specific performance as their equitable remedy?
1 Answer from Attorneys
Re: Consumer Contract Law/Breach of Contract
Your grandmother's ability to revoke the contract is based on the contract iself. She may not have the right to reject the contract based on your grandfather's death. Many contracts have language in them that makes the contract binding on heirs and successors. This would mean that the buyers could sue your grandmother for specific performance.
The contents of your grandmother's will have no bearing on this dispute. Her will has no effect until her death and she could change it again before she dies.
I recommend that people not repudiate a contract without a consultation with an attorney.
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