Bob Bruss died earlier this week at the age of 67. We've read his columns in the local papers and in Inman News for 23 years, and he managed to answer even the most difficult real estate questions in a way that was easy to understand. We had two reasons to trust his expertise: He was both a lawyer and a real estate broker.
There were so many times over the years that I read his column and then had a ready reply when my clients came up with the same questions that he had just answered.
How very strange and poignant, that his last column concerned death.
DEAR BOB: A friend of mine was going to purchase a house. She signed a contract agreeing to move forward with the closing procedures. She had put $500 down and had a professional home inspection completed. Her mother was battling cancer and died. She then contacted the Realtor and backed out of buying the house. Now the seller and his Realtor are threatening to sue her for not buying the house. Is it true she can be sued? --Jenna B.
DEAR JENNA: Yes. When you sign a contract to buy real estate that agreement is binding on both the seller and buyer. If the seller had changed his mind about selling, your buyer friend could have sued for specific performance of the sales contract to force the seller to deliver the deed.
But the seller is unlikely to sue the buyer for specific performance to force the buyer to buy. Instead, the seller might sue the defaulting buyer for breach-of-contract damages, namely the monetary loss the seller takes if the house is sold to another buyer for less money.
The buyer's personal problem with her mother's illness and death is not a valid reason to cancel the purchase contract. She should consult a local real estate attorney.
Those of us "in the business" will miss common sense and his invaluable advice.
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