Help Understanding Probate Provisions

We recently put an offer in on a house. The seller had their attorney look it over and added in some verbiage about probate that concerns me:

Probate Court Approval. The parties further agree that obligations under this Agreement are subject to and contingent upon the receipt from the Probate Court of approval to sell the property in accordance herewith, and/or of release [name of state] estate tax lien and of a certificate of no tax due, as the same may be necessary. Sell shell, at Seller’s expense, in good faith diligently seek to obtain any and all of such approvals, and Buyer shall render reasonable assistance in obtaining any and all of said approvals. In default thereof on or before the closing date in this Agreement, unless otherwise agreed by the parties, this Agreement shall be null & void, and to no further force of effect, in which event the Seller shall authorize the refund to the Buyer of all payments made hereunder and neither party shall have further liability or obligations under this agreement.

This is concerning to me, because it sounds like the seller hasn’t gotten approval from probate court to sell the property. I’m concerned of having and paying for a home inspection, septic tank inspection, appraisal (total probably $1500 investment) and then finding out on closing date that the seller couldn’t get the house through probate, and us loosing our $1500 investment. I’m not sure if I’m understanding this correctly or not. Thanks for any advice.

To me it would make more sense for the seller to first get the house through probate and obtain the right to sell the property, then we have a home inspection, then appraisal. It doesn’t make sense to me to pay for these services on a property the seller doesn’t yet have the right to sell.

submitted by /u/yoshimoshi6
[link] [comments]

We recently put an offer in on a house. The seller had their attorney look it over and added in some verbiage about probate that concerns me: Probate Court Approval. The parties further agree that obligations under this Agreement are subject to and contingent upon the receipt from the Probate Court of approval to sell the property in accordance herewith, and/or of release [name of state] estate tax lien and of a certificate of no tax due, as the same may be necessary. Sell shell, at Seller’s expense, in good faith diligently seek to obtain any and all of such approvals, and Buyer shall render reasonable assistance in obtaining any and all of said approvals. In default thereof on or before the closing date in this Agreement, unless otherwise agreed by the parties, this Agreement shall be null & void, and to no further force of effect, in which event the Seller shall authorize the refund to the Buyer of all payments made hereunder and neither party shall have further liability or obligations under this agreement. This is concerning to me, because it sounds like the seller hasn’t gotten approval from probate court to sell the property. I’m concerned of having and paying for a home inspection, septic tank inspection, appraisal (total probably $1500 investment) and then finding out on closing date that the seller couldn’t get the house through probate, and us loosing our $1500 investment. I’m not sure if I’m understanding this correctly or not. Thanks for any advice. To me it would make more sense for the seller to first get the house through probate and obtain the right to sell the property, then we have a home inspection, then appraisal. It doesn’t make sense to me to pay for these services on a property the seller doesn’t yet have the right to sell. submitted by /u/yoshimoshi6 [link] [comments]

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