How do you define, "on or about"?

[marctheo]

I entered into a contract to purchase a home. The wording in the contract was that the closure would take place on or about March 13th. The seller was unable to make the March 13th deadline and has not provided an alternate date. The seller is being held up by the purchase of his new home. My lawyer told me that "on or about" is legally accepted to be a 30 day window. Is this true? My mortgage commitment expires prior to 30 days from March 13th. As the seller has suddenly ceased communicating with my attourney, I am uncertain as to whether or not I want to pay for an extension. Should the seller be forced to pay for that extension, as I was ready two weeks prior to March 13th and had met all of my commitment requirements? If I fail to have a mortgage can I then get my deposit returned?

 

[HomeGuru]

It depends on the jurisdiction. I deem the phrase to be 7- 10 days not 30 days. There should be an extension provision in the contract. Have your attorney review it.

 

[marctheo]

My lawyer was the one who told me 30 days!

My lawyer said that "on or about" means 30 days. Can it be that in the area in which I am purchasing the home "on or about" means thirty days. Is this something that is defined by local acceptance or state statute? I also took it to mean within a week or so. This would have left me ample time to meet the mortgage commitment time. So now, I don't know what to do.

 

[HomeGuru]

Re: My lawyer was the one who told me 30 days!

My lawyer said that "on or about" means 30 days. Can it be that in the area in which I am purchasing the home "on or about" means thirty days. Is this something that is defined by local acceptance or state statute?

**A: general locale understanding.
***********

I also took it to mean within a week or so. This would have left me ample time to meet the mortgage commitment time. So now, I don't know what to do.

**A: if such was the case then why agree to that language? The contract should have been specific with a specifc clause " the parties hereby agree that closing will occur on March 13. There shall be a 10 business day extension only by mutual written agreement and acceptance. Thereafter there shall be no extensions and if closing does not occur, the contract shall be deemed to be in default.

 

[marctheo]

True

I didn't know. This is my first home.

 

[HomeGuru]

Your attorney is partly to blame for the misunderstanding.