Q: With the current National Emergency is it conceivable some residential contracts could be void in some cases?
For example, say someone signed a contract 45-60 days ago, is it conceivable at some point in the near future (quarantines, lockdowns, clusters of outbreaks) a contract could be void because of the virus? Somewhat akin to "damage" perhaps? Or circumstances out of the seller/buyers control?
A:
It's probably unlikely that contracts would be considered void, as that would declare there is something defective in a contract, such as illegality or failure to meet requirements for formation of a valid contract. Textbook contract law holds certain conditions that serve to discharge performance, such as impossibility, frustration of purpose, etc., but in real life, those could be difficult concepts to assert. Time will tell, but hopefully, it won't come to that. Speak to a practitioner who handles real estate closings as a daily matter; they would have their finger on the pulse of this in terms of the emerging national and statewide response. Good luck
Tim Akpinar
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