The listing was a pretty upscale Maine home that was empty.
The real estate buyer was coming home, retiring to her childhood community. And planned to buy this swanky home to spend out the rest of her days that appeared to be long and many due to her age. It would be super convenient if she could land her things at the new home in Northern Maine. To empty out her old home in Southern Maine so her new buyer could proceed to purchase. It was like the square plastic game with sliding squares...and only one hole to move in to. Like Real estate dominoes. And this home in Aroostook County was the lead reindeer pulling the property sleigh. The seller would not have rented, did not need the money and wanted an empty home ready for the buyer to move in to. This buyer they knew, had socialized with. And the place was all set to go to the lawyers for closing. Near the tail end of the process to buy and finishing up her other sale that had to happen first. So utilities put in to her name, boxes and more boxes, furniture, her life belongings showed up. And then while in the home with a closing about a week away, I get a call that the seller had heard the buyer died. In the home. Oh oh. Never planned on that and efforts to be sensitive to the family kick in. But the seller after a few days wonders now what? The family is not going to proceed with a sale on a home not needed any more. The seller feeling like a heel if he questions what the time table is going to be to get the home 
back on the market. Without sounding insensitive but the home still needs to be sold and life goes on for the rest of us living on the planet. Delicate, crazy, the rug pulled out from under everyone's feet.
The seller worried about the home being a hotel for family members, folks streaming in and out with food dishes, condolences and the sight of a wake.I reminded the couple who owned the property that they had agreed to rent the place. And even though had not planned on a death, we had talked about all the things that could happen if the buyer elected to derail the sale, not buy.
Not really thinking, planning for death. No one was. But we do now when a similar situation arises.
And pointing out without being morbid, this could happen. And did Mr and Mrs Seller considering a rent prior to sale factor in for the untimely event?The sellers of this place never really recovered from thinking the place was all sold, or feeling used on the tail end, wishing no one was in the place that was spotless. They were never the same with me either, like I should have known a death was imminent. Maine real estate brokers have lots of skills from bank knowledge, legal experiences, a little Dr Phil empathy in divorce situations, settling estate sales, marketing and people skills. But still saving for the crystal ball. But knowing everything that was going to happen before it did..what would be the fun, sport, skill in all of that?
Mmmmm. Seems to me that the family is what is considered "heirs and assigns".
They could possibly be held to the contract and they they could sell at will.
Goulish, sure.
Lenn "What Does The Contract Say" Harley
An act of God is an act of God, and there's nothing anybody can do about it. Maybe the sellers should accept this point of view.
Making the family proceed with a sale in a small town...not the direction to take. Find another buyer and work around the unfortunate the key. Even when contracts outline this and this for remedies, it takes lawyers, courts to enforce, and the expense / time / property hubbub that distracts from the main target. Get the property sold to a buyer that is ready, willing and able. Death took the wind out of the sails of the first sale so move on, and be sensitive along the way with the family and their major loss.
David..you are right. Had a lake place I ended up buying that was under contract to sell when the seller died. The family said keep on going..nothing has changed and we did, to a Connecticut buyer who bought to be close to their daughter who married a local man. But the eventual divorce meant no reason to be here any more with daughter heading south. So ended up with a very nice point lot lake home. Life happens. Pick up and make the most of the pieces and be grateful for all you have. But death happens right on schedule..waits for no one who tries to cheat it.
Andy, so, you didn't see that in your crystal ball? I think you need to upgrade your crystal ball.
And who says real estate isn't different/odd/interesting? And sometimes very very sad.
that was interesting..................sounds to me like you need a trip back to Howard Park!!! Battery recharging down here is always a good thing - can't imagine being up there right now in all that cold!
Waiting for the up grade Andrea. Parts is parts. Maybe more windex on the old ball would have
helped. If you are looking for a gift idea for me..here's the new HD model that can quickly help you sort the tire kickers from the serious real estate buyers. Checks credit rating, has built in lie detector chip and shows how the real estate movie ends for every caller, contact on email, and personal office visits. Real time saver..but somehow feels like its cheating, an invasion of a person's life. A sales a sale though right?
Barbara...vacation coming mid March but heading to LA to climb on a boat with two sons, half the family that has the right time off college break wise. Clearwater is pretty neat though. 40 degrees and like the Wicked Witch says..."We're meltinggggggg". Hard to have fun in the Maine snow skiing, snowsledding, outdoor skating and hockey without some lower temps. We lost a ton the last two days and have had a pretty light winter so far.
Hi, Andy. YIKES! You ought to write a book!
I agree with Leslie - a book could be a best seller - even an Oprah book club possibility!
As brokers we see everything happening in our buyers sellers lives while involved in their sales.