Posted by Kelvin Blackman Sr. on March 18, 2005 at 09:11:07:
I would greatly like to apologies for sending you an e-mail in all capital letters. I did not know that all capital letters suggested that I was yelling at the reciever of my e-mail. I would also like to thank you so very much for informing me of this matter ! I hope with this letter of apology that you would see fit to answer my questions about specific performanc. Again I apologies and thank you very much !
SPECIFIC PERFORMANCE - Posted by KELVIN BLACKMAN SR.
Posted by KELVIN BLACKMAN SR. on March 17, 2005 at 18:09:46:
A CONTRACT WAS WRITTEN FOR 3 MONTHS FOR THE SALE OF A PROPERTY THAT NEEDED TO GO THRU THE PROBATE PROCEDURE. IT WAS LATER FOUND OUT THAT IT WAS IMPOSSIBLE FOR THE SELLER (PERSONL REPRESENTED)TO CLEAR THE TITLE IN THAT 3 MONTH PERIOD BECAUSE OF THE TIME IT TAKES TO GO THRU PROBATE (THIS WAS LATER KNOWN TO ALL PARTIES INVOLVED). THE CONTRACT EXPIRED AND THE SELLER (PERSONAL REP.) CHOSE TO SELL TO ANOTHER BUYER BECAUSE IT WAS ASSURED THAT THE CONTRACT COULD BE SETTLED IN 3 MONTHS BY THE BUYER BROKER. IS THE SELLER OBLIGATED TO SELL TO THE ORIGINAL BUYER. (THE CONTRACT SAYS THAT THE SELLER IS OBLIGATED TO DELIVER CLEAR TITLE)
Re: SPECIFIC PERFORMANCE - Posted by Specific performance
Posted by Specific performance on March 18, 2005 at 13:19:28:
I’m not sure if you’re asking as the seller or as the first buyer who lost out on the deal. In either case it doesn’t matter, you’ll either be happy that the first buyer has no (legitimate) case against you, or upset that you lost the deal and there’s nothing you can do.
A contract with a DEFINITE TIME FOR PERFORMANCE, ie; must close NLT June 3rd, 2005, is VOIDABLE after that date. Once you were “out of contract” it was incumbent on the most interested party to extend the contractual closing date.
Since none of us can know how long a probate action might take, I’ve found that the best way to write those offers is to word them as "closing within XX days of clearing of probate/issuing of letters testamentary, etc.
I hope this helps and I’m sure some of the real attorneys will chime in to correct my terminology.
dealmaker, I’m not an attorney, but I know when it’s time to call one!
Re: SPECIFIC PERFORMANCE - Posted by River City
Posted by River City on March 18, 2005 at 07:26:05:
When you type everying in all caps it makes it very difficult to read. It is also the equivalent to yelling. You should learn to use upper and lower case as suggested in cyber etiquette.