Is my mother legally bound to sell her property after accepting an offer?

Full question:

I currently live in a residence owned by my mother. She accepted an offer in writing to sell the property. She changed her mind about selling it,but the buyer is now suing her for breach of contract. Is she legally bound to sell now? Will a judge make her sell it? Also I am getting ready to renew my lease. If she is forced to sell it, do the new owners have to comply with the lease, including the monthly rent amount?

  • Category: Contracts
  • Subcategory: Recission
  • Date:
  • State: Texas

Answer:

Generally, if your mother accepted a written offer to sell the property, she may be legally bound to complete the sale. A judge could order her to fulfill the contract through a legal remedy called specific performance, which compels the breaching party to comply with the contract terms.

Regarding your lease, if the property is sold, the new owner typically must honor the existing lease terms, including the rent amount, unless the lease states otherwise. This means your lease should remain valid even after the property changes hands.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, a home seller cannot change their mind after accepting a written offer without facing potential legal consequences. Once an offer is accepted and a contract is formed, the seller is typically bound to the terms of that contract. If they back out, they may be liable for breach of contract, which could lead to legal action from the buyer.