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Can a seller back out because of my medical condition?

I have a terminal illness but want to purchase to leave it to my children. Can a seller potential reject my offer or back out if they find out about my condition? Do I need to disclose it to my realtor or broker? by gward698 from Cunningham, Tennessee. Sep 21st 2020 Reply


Nancy J Releford (nancyreleford)
#4 ranked lender in Tennessee - 232 contributions

I've been dong this for 28 yrs & have never come across this. I would say no. There are no medical questions on the application. I would say your medical situation is just that. I have had a situation in the past where a client's wife had cancer & both were on loan, & she was too ill to attend closing so title attorney went to their home. I would say that when someone is given a prognosis, lots of things could or can happen meaning you good live way past you diagnosis.

Sep 21st 2020
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Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 4,316 contributions

Why would a seller care as long as you close? Something doesn't pass the smell test. What I do smell is Discrimination lawsuit.

Sep 21st 2020
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,236 contributions

You are under no obligation to advise the seller of your medical condition. Secondly, as long as you meet the terms of the contract, the seller is not allowed to legally back out of the contract. Third, should the seller attempt to do so, most (if not all) states have contract law provisions that would allow you to sue to get a court order forcing the seller to comply with the terms of the contract. If it turns out the seller discriminated against you because of your medical condition, you could be awarded monetary damages as well. Now, realistically, it is extremely unlikely the seller is going to care, as long as you are buying the home. If, however, you are relying on the seller to finance the purchase, then that could be a basis for denial of the offer. ~ Bert Carpenter, The LoansA2z Team of NEXA Mortgage ~ NMLS 40586 ~ Licensed in Arizona, California, Georgia, Oregon, and Washington. Need help in other states? We've got you covered. NEXA Mortgage is licensed in 46 states ~ www.ApplyYes.com 480-889-9000.

Sep 25th 2020
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