已簽正式合約後買方去世, 買方家屬未能完成樓按, 怎樣處理?

買方在簽了正式合約後, 成交日前去世.

合約仍生效, 只是未能如期進行樓按, 付全數給賣方.

而買方家屬未能在成交日前得到遺產繼承權以致不能成交.

買方算不算是違約?

是否需要賠雙倍訂金?

若買方想取回訂金, 可以怎做?

合約能否取消, 而不需作任何賠償?

2 Answers

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  • Gary
    Lv 7
    5 years ago
    Favorite Answer

    1. No.

    2. No.

    3. Simply cancel the sale. The seller will have to refund the money to you.

    4. Yes.

    A contract can't be enforced due to the death of the principal. In other word, once the principal has deceased, the contract has been voided.

    In this case, breach of contract has not occurred.

    2014-09-21 16:10:40 補充:

    I assume you are the family member of the buyer (the deceased).

    1. It is not expressed in a form of ordinance. It is a common law. See here:

    http://en.wikipedia.org/wiki/Offer_and_acceptance#...

    2014-09-21 16:12:04 補充:

    2. Not necessary - Remember, the lawyer "works" for you. So you can force the lawyer to do it. If the lawyer refuses to do it, then you can switch over to another lawyer (Without the refusal, the lawyer is definitely going to force you to pay for the full legal cost).

    2014-09-21 16:14:08 補充:

    3. Here is another problem - when you have the money to buy property, it is possible that you don't qualify for the aid.

    4. No one except the court has appointed an executor. Usually, in the case that a will exists, the deceased should have appointed that person in the will.

    2014-09-21 16:17:29 補充:

    Seriously, don't listen to your lawyer. Talk to the seller. In many instances, due to the complexity of probate proceeding, the seller may actually be tired of waiting and willing to cancel the contract without any consequence.

    Beside - you may be able to work a better deal with the seller.

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  • 5 years ago

    Gary 你好,

    謝謝您的回覆, 但我們買方律師說要"蹋訂",並損失死者的訂金,不能取消合約,

    所以懇請您幫忙建議我們可以怎樣做?

    1. 有沒有相應的法律條文可給我參考, 使我能告知我方律師有這個方法?

    2. 如果律師堅持說只能"蹋訂", 我們應找另一位律師?

    3. 我們找過法律援助, 起碼要幾個月, 才能有政府律師幫忙, 到時已經過了成交期,

    4. 如果人死去, 在未辨妥遺產書前, 怎樣誰能夠即時幫死者取消合約?

    現在我們最希望能拿回死者的訂金, 懇請您幫忙.

    忙了說, 死者所買的是綠表居屋, 處理會不會有所不同.

    十分感謝!

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