Can I back out of a real estate sale agreement if the seller failed to disclose a major defect?

I suggest you consult with an attorney.

Generally, a real estate contract is binding and enforceable once it is signed. There are sometimes contingencies built in, usually for the buyer's benefit. The best way to find out your specific options is to have a local attorney review the agreement.

Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").

This is a topic I get asked about very frequently. In Georgia, the right to sublet residential property is based on the express (written) and implied (inferred) language of the lease. Generally, if subleasing is not mentioned, then there is no restriction on subletting. In any event, you may want to at least have a discussion with your Landlord concerning what you plan to do. This can avoid lots of headaches for you and your guests later down the line. If you are interested in more information concerning other legal considerations for BnBs and short term rentals, check out my blog article: https://www.treclaw.com/post/legaladvice4bnb

Hello. There are multiple solutions to this problem. The simplest solution would be for your grandfather (or whoever the current owner is) to deed the property over to your father's heirs. They could also switch parcels of land. Depending on how long ago the home was built, the owner of the house could potentially have a right to the property via an adverse possession. Feel free to contact me to discuss this matter in more detail. - Meghan Thomas, Esq.