Closing date for another buyer passed yet they still got the house?

Asked by Douglas.ehlenberger, 08510 Tue Apr 2, 2013

I had a contract that went through attorney review to purchase a short sale home. There was a renter living there that was trying to buy it as well and had failed on a previous attempt to get a mortgage. Apparently there was some sort of deal between the tenant and the owner that if the tenant still could get a mortgage then the owner would sell to them. My attorney review letter which was reviewed by mine and the sellers lawyers clearly stated that the tenant had until March 31st to close. The tenant closed on April 1st. So the question is, did the seller breach their contract with me?

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3
Cristyle Egi…, Agent, Lake Park, FL
Tue Apr 2, 2013
You would need to review with a Real Estate Attorney. It would really depend on the language in the contracts and who was able to extend closing dates and whatnot.
0 votes
Deborah Madey, Agent, Brick, NJ
Tue Apr 2, 2013
PS Interpretation of the wording of your contract would also require a legal review. That's beyond the scope of a licensed real estate agent/broker.
0 votes
Deborah Madey, Agent, Brick, NJ
Tue Apr 2, 2013
This is a legal question and depends upon the exact wording of the contract. In general, in NJ, closing dates are "on or about" and there is flexibility with the closing date. That statement is a general statement, and may not apply to your contract. It depends upon the specific language of your contract.
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