My question involves real estate located in the State of: Texas
We have made an offer and it was accepted on a home. All financing is in place and we were supposed to have closed two weeks ago. We have fulfilled all aspects on our end of the contractural agreement. Two days before closing the listing agent tells the Title Company that one of the owners on the title died two months before the house was listed. Supposedly, the surviving owner's name is on the deed (a married couple who seperated three years ago) and their was a Will designating the home to the surving owner. The Title Company said the Will must go through probate before we can close on the house. I feel that the Listing Agent should not have listed this house before informing her client, the seller, that this is something that should be done before listing the house. As the buyer we had no idea there was a Will that would need to go through probate. We would have never made an offer on a home going through probate - especially one that has not even entered probate yet.
Problem: We have now spent over $3,000 in inspection fees, surveys, termite inspections, loan application fees and etc. We expect that this may rise to almost $4,000 once all fees come through if we are held to them if the home does not close. I feel that the Listing Agent and her Broker are ultimately responsible for making sure the home they listed is legally sellable before a buyer begins the purchasing process.
My question is...who can I sue to get all of this money back? The contract has already expired due to the seller not fullfilling her committment to get the Will probated. She is working on it but her lawyer said it will take some time. The Seller had no idea this had to be done and I feel that since her Listing Agent was her representative she should have made sure that this was completed. We have given the Seller and her agent two more weeks before we legally end the contract (the contract date is over as of now). In two weeks our lock comes off of our interest rate and our points. We will have to pay more money on both if we go past that date. We will be penalized financially through higher interest rates and points because the Listing Agent and the Seller dropped the ball if we let the sale go through after that date. Either way we are screwed.
What are my rights as a buyer? What stops anyone from listing a home with a Realtor that they have no legal right to list? What protects buyers from unknowingly making offers on those illegally listed homes? We thought this was a sellable home so we made an offer. Now we are possibly out big bucks if the deal doesn't close before interest and points go up on us.
Anyone know anything about this?
Thanks![]()

