Legal Question in Real Estate Law in Florida

Can a typo in a contract be legally binding?
We signed a contract on a piece of property for a year lease with the option to purchase at lease end. We were scheduled to either end the lease or purchase the property on or before 11:59 P.M., April 27, 2001.

We have run into delays in obtaining a loan, and will inevitably need to set a later closing date than the one originally contracted for and we expect the owner will most likely not be in agreement.

We noticed in the contract where it outlines the Term of the option to purchase, it states: This option may be exercised by the Tenant at any time or before 11:59 P.M., April 27, 2001, by closing on the aforesaid Contract referred to as Exhibit ''A.''

They made a typo and put at any time OR, instead of any time ON, OR before.

It does say -- at ANY time, OR before... Wouldn't ''Or,'' indicate the fact that there are two alternatives? The alternatives being: #1.At any time, and #2. before 11:59 P.M., April 27, 2001.

Could the typo be legally binding in our favor to exercise our option to purchase at ''Any time,'' we are able to obtain the financing? Couldn't ''Any'' be taken by definition as being--unmeasured or unlimited in amount, number, or extent, in essence giving us more time?

Asked on 4/20/01, 1:35 am

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: Can a typo in a contract be legally binding?

you probably closed by now so any answer is likely to be moot. A personal review of the contract would be required, prior to giving you an opinion.

Answered on 6/14/01, 7:18 pm

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