When a contracting party dies before performance, who can compel transfer of real property?

When a contracting party dies before performance, who can compel transfer of real property?

• A. The person entitled to the buyer-decedent's real property
• B. The deceased's heirs
• C. The other contracting party only
• D. The contract becomes void

Answer: (A)

When a party to a real property contract dies before performance, the rights in the land can survive to the decedent’s successor in interest. The key idea is that a contract for the sale of real property transfers an estate in land, and that estate passes to the decedent’s heirs or the estate itself. Therefore, the person who can compel transfer is the one who would own the buyer’s real property after the death—i.e., the buyer’s estate or heirs. The seller’s obligation to convey runs to that successor in interest, not to the surviving contracting party alone. The contract does not automatically become void due to death.

When a party to a real property contract dies before performance, the rights in the land can survive to the decedent’s successor in interest. The key idea is that a contract for the sale of real property transfers an estate in land, and that estate passes to the decedent’s heirs or the estate itself. Therefore, the person who can compel transfer is the one who would own the buyer’s real property after the death—i.e., the buyer’s estate or heirs. The seller’s obligation to convey runs to that successor in interest, not to the surviving contracting party alone. The contract does not automatically become void due to death.