New Jersey  |  Real Estate Law

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2/16/08, 11:42 am

Legal Question


Did seller breach contract?

I entered into a real estate contract as a buyer in New Jersey. The contract states closing will be ''on or before'' Nov. 30. (without Time of essence) How binding is that date? The seller was unable to provide a clear title on that date and, therefore, did not show up to scheduled closing. I showed up ready and willing to purchase property. Am I obligated to give seller time to clear title that extends beyond the original closing date? The seller did clear title 2 weeks later but no communication had been made to alert me to likelihood of title being cleared. No new closing date had been mutually agreed upon. I did not find out title was cleared until seller filled a time of essence 2 weeks after original close date. By that time, I had already declared the contract ''null and void'' and secured another place to live. My main questions are :

Did the seller breach contract by not providing clear title at original close date?

The seller might sue me for breach of contract because I did not adhere to the time of essence. Does she have a case against me?

Thank you so much for your time.


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