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  #1  
Old 11-02-2009, 07:56 PM
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contract termination


What is the name of your state (only U.S. law)? North Carolina

Buyer requests extension on a contract for 30 days due to financing issues. Seller agrees and agent emails buyer. Buyer was sent an email confirming the contract had been extended. Buyer confirmed receipt. The actual signed addendum came 2 days later from the seller due to technical difficulties. Buyer claims she was not notified in a timely manner due the the addendum being sent 2 days after the email. Buyer wants to terminate contract and release of earnest money. Will the emailed confirmation that the contract had been extended and buyers emailed acknowledgement of the extension stand up in court? Sellers want to sue for breach of contract. Contract signed Sept 17th due to close on Oct 30th, extended closing date Nov 30th.
  #2  
Old 11-02-2009, 11:26 PM
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Quote:
Originally Posted by ilmlla1997 View Post
What is the name of your state (only U.S. law)? North Carolina

Buyer requests extension on a contract for 30 days due to financing issues. Seller agrees and agent emails buyer. Buyer was sent an email confirming the contract had been extended. Buyer confirmed receipt. The actual signed addendum came 2 days later from the seller due to technical difficulties. Buyer claims she was not notified in a timely manner due the the addendum being sent 2 days after the email. Buyer wants to terminate contract and release of earnest money. Will the emailed confirmation that the contract had been extended and buyers emailed acknowledgement of the extension stand up in court? Sellers want to sue for breach of contract. Contract signed Sept 17th due to close on Oct 30th, extended closing date Nov 30th.
If buyer is claiming there was no extension, and seller was ready to close on 10/30, then buyer is in breach for not closing on 10/30.
  #3  
Old 11-03-2009, 03:49 PM
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I agree and the executed addendum would stand up in court.
  #4  
Old 11-03-2009, 04:48 PM
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Quote:
Originally Posted by HomeGuru View Post
...the executed addendum would stand up in court.
Even though the buyer never signed the addendum?
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