Is a Buyer bound by a P&S to go through with the purchase.

UPDATED: Jun 9, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a Buyer bound by a P&S to go through with the purchase.

1. P&S orginated 1/19/092. Atty added “closing date is contingent upon Probate Court approval and may be extended by Seller to obtain said approval” on 2/9/09.3. As of 6/8/09 neither the inventory list nor the request for License to Sell has been filled with Probate.4. Buyers no longer want the property because of the time involved and still do not have a firm closing date, 5 months later.5. Atty states” There is no justification for the Buyers withdrawal from the sale. Their decision is a breach of contract and will be treated as such. The estate will not sign the release of escrow.

Asked on June 9, 2009 under Estate Planning, New Hampshire


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Parties are free to contract for whatever they want, especially in real estate deals.  However, the parties are bound to the promises they make that are in writng and signed by them.  It seems that the seller may have a problem if they did not seek an extension of time to obtain probate approval.  It appears that the sellers should have asked for more time.  The sellers' failure to obtain an extension justified the buyers walking away as they were not going to just sit and wait for the cows to come home.  The sellers should have sought some extension as the deal was conditioned on the probate approval.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption