Rachel contracts to sell her Staten Island home to Mark for $520,000. The contract includes a clause stating 'This agreement shall be binding upon the heirs, successors, and assigns of the parties.' Before closing, Rachel dies. Her estate wants to cancel the sale, claiming personal contracts don't survive death. Under New York law, what is the most likely outcome?
Correct Answer
C) The estate must complete the sale because real estate contracts are assignable
Under New York law, contracts for the sale of real estate are generally not considered personal service contracts and do survive the death of a party. The specific language binding 'heirs, successors, and assigns' reinforces this. The estate is obligated to convey the property according to the contract terms.
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Related Topics & Key Terms
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Related Concepts
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.
A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.
More Contracts Ny Real Property Law Questions
Karen's contract to purchase a house in Westchester includes both an inspection contingency and an appraisal contingency. The inspection reveals $8,000 in needed repairs, and the appraisal comes in $12,000 below the purchase price. Karen wants to proceed with the purchase. What is her best strategy under New York law?
A buyer in New York breaches a contract to purchase a $600,000 home and forfeits a $30,000 earnest money deposit. The seller incurs $8,000 in additional carrying costs and $4,000 in remarketing expenses before selling to another buyer for $585,000. What is the seller's total recoverable damages?
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Previous Question
Antonio signs a contract to purchase a house in Long Island. The contract contains a mortgage contingency clause requiring him to obtain financing within 45 days. On day 40, Antonio decides he no longer wants the house and deliberately fails to apply for a mortgage. The seller discovers Antonio never applied for financing. Under New York law, what is the result?
Next Question
Under New York's Statute of Frauds, which signature requirement must be met for a real estate purchase contract to be enforceable?