Legal Question in Real Estate Law in Connecticut

Breach of Contract

We have a signed purchase and sale agreement to buy a home with an inspection contingency. We asked for some repairs and the seller agreed and asked us to get estimates. 2 days later seller says the deal is off and we have no contract. 2 weeks After asking for the repairs (which allegedly broke the initial contract)an appraisal was done on the home at our expense. My questions are does asking for repairs create a counter offer? Does agreeing to repairs and asking for estimates create an acceptance of said counteroffer? Does allowing appraisal to go on after being ''out of contract'' constitute that seller was acting as if a contract exists? Do we have a claim for a suit?

What are chances of winning contract enforcement? Benefit of the bargain? Restitution of funds spent in expectation of acquiring property? Thank You


Asked on 9/18/03, 10:26 pm

1 Answer from Attorneys

Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: Breach of Contract

From the information you provided in your question and not seeing the contract the following is my answer: Assuming that all provisions of the contract relating to termitation of the contract were met, the fact that the seller did make repairs would not reinstate the contract--Assuming that the seller followed the procedures for proper cancellation of the contract--your contract would have terminated and you would have no rights to enforce the agreement,except to get back any deposit you made. I would suggest that you speak to an attorney in your area for a consulation based on the documents and the acts following the signing of the contract. As a practical matter, the seller does not want to sell to you and there are other properties that would suit you without the legal expense for filing a suit to make the seller sell to you. Talk to an attorney, with your documation, to advise you as to the best course of action to take. My opinion, not knowing the value of the property vs. your contract price, would be to walk away and find a different property. You are starting out in a bad relationship with the seller and it will only get worse. I would be happy to speak to you and review your documents. But, I doubt that I would come to a different answer. If you want to fax me the documents for review, my fax line is 203 639-9948; my telephone # is 203 639-9838. I hope this assists you in this matter. Tom Noonan

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Answered on 9/22/03, 2:16 pm


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