Gladwin, MI asked in Real Estate Law for Michigan

Q: We had a purchase agreement on a house. If the closing did not happen by the date listed the agreement was expired.

The seller had to change the closing date twice because he could not get the renter living there out in time. This extension of closing dates was never put into an addendum and was conveyed through email and text between the realtor. After the final walk-through and the house was filthy dirty we walked. And are now buying a different house. We have been told the seller is suing us for failure to perform. We felt with an expired purchase agreement and no legal addendums we were free to walk.. please share your thoughts thanks

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1 Lawyer Answer
David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: You would have to produce copies of your purchase agreement for review with a real estate attorney as there are usually provisions addressing a "final walk through," written notice to offending party of dissatisfaction etc. Suing for specific performance is an equitable action that requires that the moving party is also in compliance with not only the legal provisions of the contract, but the overall 'spirit' of the contract.

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