Contract Voidable Without Legal Description? - Posted by Keith

Posted by John Merchant on April 21, 2005 at 10:59:46:

Since buyers are only rarely (very rarely) ordered to buy, by any courts in USA, all a buyer has to do is just not show up for closing.

That B will undoubtedly lose whatever earnest money he’s deposited with escrow but that’s really the only penalty he’s going to pay.

Whereas a seller can be, frequently is, ordered by a court (in an action to “Specifically Perform” his written contract) to finish the sales agreement and give a deed to the buyer, the reverse isn’t true and buyers can and do walk at will.

So I’d advise any buyer not to worry about trying to find legal excuses, such as inadequate legal description.

Seller would only dispute that anyway and won’t, probably, release escrowed earnest money so buyer will loset that money.

Contract Voidable Without Legal Description? - Posted by Keith

Posted by Keith on April 19, 2005 at 15:51:19:

Can a contract to purchase a home be voided if the signed contract does not contain a legal description of the property, only the address?

Thank you for your help.

Re: Contract Voidable Without Legal Description? - Posted by eric

Posted by eric on April 21, 2005 at 15:43:00:

Not likely. The contract only needs an “adequate description of the property”. For purposes of the purchase agreement, the address should more than suffice. I presume that the buyer and seller both know what property they are talking about right? only a few recorded documents require a legal description.