Seller backed out on sale. This will test you!! so trainee lawyers see wat u can do!!

[michael_85]

What is the name of your state?

Hello i have a query that I'm going to express to you in a third person view to make things a little easier to understand.

ok here goes...

On 11th March 2005 Mr smith inspected a property which was to be auctioned on Saturday 12th March. On the day of the inspection, Mr Smith made an offer to the vendor’s(owners) estate agent to purchase the property for $500 000.

The estate agent telephoned the vendor and advised him of the offer. The estate agent immediately advised Mr Smith that his offer was accepted and that if he signed the Contract Note and paid a 10% deposit the property was his.

Mr Smith signed the contract Note, which simply described the parties, the property, the price and settlement day and was otherwise unconditional. Mr Smith paid the deposit and was told by the estate agent that he would immediately obtain the vendor’s signature to the contract note and forward it to the solicitors of Mr Smith.

The following Monday, Mr Smith wrote to the solicitors for the vendors requesting that they obtain the vendors signature to the contract note and forward it to them.

One week later the solicitors for the vendor wrote to the solicitors for Mr Smith and advised that their client was interstate on business and they would attend to the execution of the contract note as soon as possible and woud then be in a position to exchange contracts.

Two more weeks went by and there was no correspondence from the solicitors for the vendor. The solicitors for MR Smith again wrote to the solicitors for the vendors requesting that they obtain the vendor’s signature to the contract note and forward it to them.

The solicitors for the vendor then wrote to the solicitors of Mr Smith and advised that their client had executed the contract note but in error had mailed it to the estate agents and that they had requested the estate agents to forward the contract note directly to the purchasers solicitors by way of exchange.

Two days later the solicitors for the vendor wrote to the solicitors of Mr Smith advising that they were instructed by their client that he no longer wished to proceed with the contract and that as there had not been an exchange of contracts there was no enforceable contract.

They also advised that they had requested the estate agent return the executed contract note to them (the vendor’s solicitors) and refund the deposit to the purchaser. Accordingly, the purchaser’s solicitors never received an executed copy of the contract note by the vendor.

Mr Smith wishes to enforce the contract and seeks your advice as to whether he is able to enforce the contract note. It would also be appreciated if you know of the relevant case law to refer to it please..

Thank you!!!!!!!

[BelizeBreeze]

We don't do homework and especially from someone who PURPOSELY deletes the state name.

[divgradcurl]

Originally Posted by BelizeBreeze

We don't do homework and especially from someone who PURPOSELY deletes the state name.

And we especially don't do homework involving solicitors -- US Law Only, please!