currently selling our home. Signed a contract DEC 2013 did not realize the closing date was end of FEB 2013 instead of FEB 2014. We were told buyer would have no issues with financing but it looks to be a major concern. Would this "wrong date" give us an opportunity to end the contract and put our house on the market in hopes of a stronger buyer?
Landlord / Tenant Lawyer
This sounds like the sort of error that lawyers call a "scrivener's error". The person writing the contract likely did not intend to blow up the agreement by writing 2013 when they should have written 2014. You don't say who is concerned with this error. You and the buyer can mutually agree that the contract end date should be reformed on the basis of mutual mistake. I know this is not what you came hear to learn, but it is true. If the other party runs to court to get this agreement enforced, they are likely to prevail. Elizabeth Powell
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4 lawyers agree
Real Estate Attorney
I agree with Ms. Powell and the intent is what matters. If this buyer is not able to finance then the deal should die quietly and then you can re-market the property in the spring. If it is a concern don't grant an extension when they can't finance.
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