Can incorrect closing date on contract void the contract?

Asked 7 months ago - Vancouver, WA

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?

Attorney answers (2)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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

    Using Avvo does not form an attorney client relationship.
  2. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . 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.
    Good Luck

    Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,385 answers this week

3,308 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,385 answers this week

3,308 attorneys answering