Q: In Maryland, is an email binding if there is already a contract in place on the sale of a house
I had a contract with tenants to buy my home. Original agreement was a price based on an appraisal that I received with a hefty amount of closing help. The house did not appraise with buyers appraiser for the price we agreed on in the contract. We started exchanging conversation via email and I agreed to take the lower price with no closing help. Buyer requested more time to move up for closing. I agreed to that also. There were no amendments made to the original contract on price and sellers help, nor has the date of settlement been changed. Settlement was supposed to be today and nothing in the contract applies anymore. Can I consider the contract null and void or are the email exchanges binding, especially since the settlement date has passed? Also, if the buyer has not given me a new settlement date, can I consider it null and void or give them a required time to get the new date to me? This has been dragging on for 3 months and I would like to sell the house.
A: The emails are not going to be controlling. It is hard to answer a lot of these questions without actually seeing the contract. Is it standard contract used by a major realtor or did you draft it yourself? It sounds like you contract is voided by lack of performance but it is hard to speculate too much without seeing the contract.
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