Legal Question in Real Estate Law in California

Is a Contract (Agreement to Sell property) still binding if the closing dates were never filled in, and the contract goes back to 2003?


Asked on 10/02/09, 9:07 pm

2 Answers from Attorneys

No, in fact it's not binding even if it was perfect, unless the closing date was after October 3, 2005. The statute of limitations to enforce a contract or for damages for breach is four years.

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Answered on 10/02/09, 9:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I am not so sure I agree with the preceding answer. A signed contract to sell real estate has an immediate effect.....equitable ownership is transferred at that point, even though legal title remains to be transferred. I don't know whether you are hoping the agreement can be enforced or hoping the opposite-- but I would be willing to do some research if you send me more complete facts by FAX or e-mail. I don't contend that the contract is enforceable despite the passage of time and/or despite the lack of closing dates in the blank spaces. All I'm saying is based on my general understanding of the law of real property sales agreements, the contract might be enforceable and to conclude that it cannot be enforced without some further research is unsound.

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Answered on 10/03/09, 12:16 am


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