Legal Question in Real Estate Law in Maryland

Do a contract ever end

if a buyer dont attend settlement,on the closing date, is that contract void?


Asked on 12/18/07, 7:53 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Do a contract ever end

No. Assuming the seller has complied with all of his pre-settlement obligations, the buyer is in default, and the seller is entitled to invoke any remedies in the contract that are provided for in this situation. The most common one is to declare a forfeiture of the buyer's deposit, but the contract should also provide that the seller can sue the buyer for damages, which would primarily consist of any loss he sustains in having to re-sell the property.

Read more
Answered on 12/19/07, 9:33 am
Carter Ferrington Bar Adon Vogel PLLC

Re: Do a contract ever end

It depends upon the language of the contract and the interpretation of the contract if the matter went to court. In most cases, the buyer who doesn't go to settlement (and this delay is not caused by the seller) will be technically in breach of the contract, but will be given a reasonable(reasonablness being defined by a judge or jury) period of time to perform the other terms of the contract. Incidentally, with buyers so scarce in the current market, I have seen sellers bend over backwards to make a deal settle.

Read more
Answered on 12/20/07, 4:17 pm
Carter Ferrington Bar Adon Vogel PLLC

Re: Do a contract ever end

It depends upon the language of the contract and the interpretation of the contract if the matter went to court. In most cases, the buyer who doesn't go to settlement (and this delay is not caused by the seller) will be technically in breach of the contract, but will be given a reasonable(reasonablness being defined by a judge or jury) period of time to perform the other terms of the contract. Incidentally, with buyers so scarce in the current market, I have seen sellers bend over backwards to make a deal settle.

Read more
Answered on 12/20/07, 4:17 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland