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Old 04-23-2002, 01:17 PM
whearne
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Purchase contract default

Executed standard Texas Realtor purchase contract to buy home on 5 acres to be sub-divided from an existing 9.44 acres, with closing set at April 22. Despite repeated inquiries from my agent and the closing attorney, seller was unable to retain/motivate surveyor to deliver survey in time to file and get approved by local county commission before May 7. Seller did not return calls to agent and closing lawyer, nor did he or his agent seek an extension. The contract allows for 7 days inspection/objection to the survey.

At this time, I have decided to try to withdraw from the deal. Can I use the seller's inability to deliver clear title on the appointed contract closing date as grounds for withdrawing due to breach of contract?
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Old 04-24-2002, 12:54 PM
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Yes as long as there is a condition in your contract allowing you to.
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