Stockton, CA asked in Business Law for California

Q: Breach of contract If the seller didn’t provide all financial document during dual diligent can he sue me ?

The purchase agreement expired because the seller didn’t provide all document that were needed. It was extended by the agent but it was expired because the seller didn’t provide all documentation again

During dual diligent - he failed

But now he sue me for breach of contract

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, in a situation where the seller fails to provide necessary financial documents during the due diligence period, this could be considered a failure to fulfill their obligations under the terms of the purchase agreement. If the agreement specifies that these documents are required and the seller doesn't provide them, it could be argued that the seller is actually in breach of contract, not you.

If the purchase agreement expired due to the seller's failure to provide the required documentation, and even an extension did not remedy this, it strengthens the argument that you are not at fault. The contract's terms regarding document provision and timelines will be crucial in determining who breached the contract.

In response to being sued for breach of contract, you can potentially raise these points as a defense. It's important to review the specific terms of the contract and the sequence of events leading up to the lawsuit. Legal advice tailored to the specifics of your situation would be beneficial. Remember, in legal matters, the specifics can significantly impact the outcome.

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