Legal Question in Real Estate Law in Arizona

real estate law...breach

what is the type of breach called when...

the buyer's agent says verbally that their client will cancel contract to the listing agent and the listing agent can advise their client...the seller to cancel due to ______?


Asked on 4/05/09, 3:09 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: real estate law...breach

It is not a breach of contract if the contract contains conditions allowing the buyer to cancel the contract. Such a cancellation should be made in writing and the buyer's agent has a duty to give written notice to the seller, through the listing agent.

You might be thinking of the term "anticipatory" breach, where there is no legal reason to cancel the contract and the buyer says I am not going to perform. The seller may be excused from further performance, because the buyer has stated that he will not perform.

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Answered on 4/05/09, 8:51 pm


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