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An owner of real property died one month after signing a three-month Exclusive Right-to-Sell Listing contract. The day after the owner's death, the listing agent procured a buyer for the full list price. The administrator of the owner's estate does not want to sell. What are the rights of the parties?

User Jics
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Final answer:

The death of the property owner affects the enforceability of the Exclusive Right-to-Sell Listing contract. While real estate contracts generally bind heirs, the estate administrator's refusal to sell despite the agent finding a buyer creates a complex legal situation that depends on contract terms and state laws.

Step-by-step explanation:

The situation involves a contract regarding the Exclusive Right-to-Sell Listing which was signed between a property owner and a listing agent. Upon the owner's death, the agent succeeded in finding a buyer at the full list price. However, the death of the property owner may impact the enforceability of the contract. Generally, real estate contracts are binding on the heirs and successors of the deceased, and the rights and obligations can transfer to the estate.

In this scenario, if the administrator of the estate does not wish to proceed with the sale, they may face complications, especially if the listing agent can claim they have fulfilled their end of the contract by finding a buyer. The specific terms of the contract, as well as state laws and legal precedents, will be critical in determining the rights and obligations of the parties involved.

Based on the provided clauses, the agreement could be terminated upon death since the original owner is unable to fulfill the obligation to deliver possession. However, this general contract clause may not be directly applicable to the specifics of a real estate listing agreement, and legal advice would be recommended to navigate the complexities of this situation.

User Vadyus
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