Since our agent knew our buyer was still married, did she have a legal obligation to tell us he wasn’t divorced yet?

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Since our agent knew our buyer was still married, did she have a legal obligation to tell us he wasn’t divorced yet?

I have an offer on my house. The buyer is in the middle of a divorce. We were told that he was pre-approved. Now our agent tells us the buyer’s spouse will not sign a quit claim. The offer is contingent upon financing and appraisal. Can this contract be broken by the buyer if his spouse does not sign?

Asked on April 25, 2012 under Real Estate Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The contract governs.  If the purchase is contingent upon financing and appraisal only then his issues with his soon to be ex are not your concern.  But, understand that he ma not get financing becuase of the other house unless he was legitimately pre approved.  Please seek legal help here.  Good luck. 


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