QUESTION

can a seller cancel a contract if he is too ill to fulfill it

Asked on Jan 26th, 2015 on Real Estate - Florida
More details to this question:
After selling our home, my husband realized he is too ill to look for another to move to. We canceled the contract and are now being sued for specific performance. We have answered the summons claiming Force Majeure since the contract states 'and any other cause not reasonably within the control of the buyer or seller'. Should we have simply said he was too ill to fulfill the contract?
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1 ANSWER

I'm sorry to hear.  You're certainly in a tough situation.  Without seeing the contract, it would be difficult to say your strength under it.  My inclination is that considering the illness a force majeure may be a tough stretch.  However, that is not to say you don't have defenses.  In your description, it sounds like you answered the summons on your own.  Litigation, particularly (in my experience at least) real estate litigation, can be very complex.  I would highly advise making an appointment with a litigation attorney to discuss all of the details of the situation and determine what options you have and the relative strength or weakness of these options.  Sounds like the case is already moving along so I wouldn't wait - even if you don't hire an attorney, you really need to get a legal opinion based on all of the facts (and the best place to discuss is in a confidential environment).
Answered on Jan 27th, 2015 at 4:54 AM

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