Real Estate Law | Personal circumstances prevent seller from attending closing
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Mr. Feichthaler:
I own a rental property that I am selling to a couple in Cape Coral. I live in New Jersey. I had intended to fly down for the closing next week from Trenton, but my wife has experienced an unexpected medical issue that will likely require surgery next week. I still want to sell the property, but I don't think there is any way I can leave here. Will I be in breach of contract if I don't fly down?
James F.
James:
First and foremost, I hope your wife's medical condition isn't serious and that she has a speedy recovery. I can see from your question she is your priority, and rightfully so.
When selling a property, there are always a few documents that require signatures. Many of these can be done electronically through DocuSign or another signing application. The deed, however, requires your actual signature with a notary and two witnesses present.
The good news is you do not need to leave New Jersey to accomplish this. Every state has notaries that are authorized to notarize documents, so if you are able to visit your bank or attorney that has a notary, you can have it signed there. Also, if you are unable to leave your home due to your wife's health, a mobile notary can be arranged to come to you. They can even take care of the mailing of your closing package to your closing firm in Cape Coral.
I have had a few clients ask, in a situation like yours, do you have the right to cancel the sale. In most cases, a family health issue will not invalidate the contract, or give the seller a right to terminate it. In your case, you are still wishing to proceed, so this will not impact you.
You may have intended to fly down to move items out of the house, or to retrieve personal belongings you may have had in the rental. Generally, a seller should remove all personal items from the property before selling, unless the contract provided for inclusion of those items. Depending on what you agreed to provide, you can work with the buyers (and Realtors, if involved) to arrange for items to be shipped to you, stored or retained by your new owners. In nearly every situation like this I encounter, the parties are reasonable and work together to resolve issues like this.
I wish you and your family good health and a stress-free sale of the property.
Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, and Cape Coral Kiwanis. He has been married to his wife, Mary, for 22 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and primarily practices in real estate law and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.