Update. With all the closings due to Covid-19, I went online to see when they would be going into mediation. The date did change but then, I was shocked. On the website was the actual legal document with their law suit!!!!!!!! I read the whole thing. The suit states that they signed a contract in June and they were unable to close in June or July because the title of the home had a problem and so they extended the contract until November and then the house was not sold to them.
They didn't close for unknown reasons. Then it says this "To the extent they are consistent herewith; the contents of the preceding defenses are incorporated herein by reference. Plaintiff and XXXX , as the purchasers, and Defendant, as the seller, entered into the Agreement related to certain real property. The Agreement was amended/modified by the June Addendum, August Addendum and September Amendment. ELECTRONICALLY FILED -Pursuant to the Agreement, as modified by the September Amendment, November 8, 2019 was established as the closing date (“Closing Date”). Plaintiff and XXXXX failed to proceed with the closing by November 8, 2019 and no amendment/addendum was entered into extending the Closing Date. Plaintiff was provided a written notice of default and was advised of Defendant’s election to terminate the Agreement by letter dated November 20, 2019 (“Notice of Termination”). Given that the Agreement was terminated, Plaintiff is not entitled to specific performance."
They state that yes, there was a problem with the title in June and July...but...in August, September and October, when the contract was extended, they were told they must close by November 8th. Here is what it says, I made some alterations in names..." In response to the allegations contained in paragraph 11 of the Complaint, Defendant craves reference to the Agreement, the June Addendum, and the August Addendum. In further response to the allegations contained in paragraph 11, Defendant would note that the Agreement indicates the closing was to occur no later than 5 PM on or before August 30, 2019." Then it said " Defendant respectfully asserts that efforts taken established the defendant was ready, willing and able to provide Plaintiff with marketable title prior to closing day contained in the September Amendment. Not withstanding, the Plantiff and XXXX failed to proceed with the closing as required by the Agreement as amended.
I also found this in the counter claim "Paragraph 23(B) of the Agreement reads as follows: (B) If Buyer defaults in the performance of any of the Buyer's obligations under this Contract ("Default"), Seller may: (i) Deliver Notice of Default to Buyer and terminate Contract; and (ii) Pursue any remedies available to Seller at law or equity; and (iii) Recover attorneys' fees and all other direct costs of litigation if Buyer found in default/breach of Contract. Based on the foregoing, Defendant’s attorney sent the Notice of Termination." and finally it also says this "The following is set forth in bold font in paragraph 1(G) of the Agreement: “Time is of the essence with respect to all provisions of this Contract stipulating time, deadlines, or performance periods.” 88. The September Amendment reads in pertinent part as follows: “The closing date is hereby extended to November 8, 2019, TIME BEING OF THE ESSENCE as to closing by said date.” (Emphasis added). Plaintiff and XXXX failed to proceed with the closing on or by the Closing Date as ELECTRONICALLY FILED - required by the Agreement and the September Amendment. 90. Failure to proceed with the closing in a timely manner constitutes a breach of the Agreement. 9h of the Agreement,
So, with that now being known and understood that they missed multiple closings, that financing was not a stipulation of the contract, were the sellers were within their legal right to cancel the contract? They said that "Plaintiff has failed to act in a fair, just and/or equitable manner and therefore does not have clean hands regarding the allegations in his Complaint" whatever that means. They also said "Upon information and belief, Plaintiff, through this litigation, threats and other means, has improperly interfered with the contract between Defendant and the third-party. Plaintiff’s actions were done for an improper purpose, in part, to prevent Defendant’s ability to sell and/or market Defendant’s property. As a direct and proximate result of Plaintiff's willful and wanton acts, Defendant has and will suffer damages and/or injury. Defendant is entitled to recover damages from Plaintiff both actual and punitive damages in amounts to be determined appropriate at the trial of this case. Thoughts?????