Is the seller or listing agent required to disclose probate sale in New York?
On June 16 I entered into contract to buy a condo in Brooklyn NY. The contract stipulated closing in 30 days but the seller could not schedule closing so we waited for another 30 days. On August 16 when they still could not schedule closing I demanded a closing due to essence of time through my real estate attorney. The seller's attorney no showed at the closing on August 30. It became clear that the seller's side could not deliver title and finally his attorney told us they need a 'letter of testamentary' from the Surrogate Court. That was the first time I learned that that this is a probate sale. Is the seller, or the listing agent, required to disclose an probate sale at the beginning? I do not want to wait indefinitely and just want my deposit back. What are my rights? Thanks.