Legal Question in Real Estate Law in Maryland

Trying to purchase a short sale. Contract states in inspection section that "failure of either party to respond within 3 days after reciept of notice from other party will result in acceptance by both parties of the terms of most recent notice." Every deadline in contract states by 9pm. If I sent a request to seller agent for safety repairs at 7pm on 4/23 they would have had to respond by say 9pm 4/26, correct? They responded today 4/27 declining. Can I legally make them abide by the contract?


Asked on 4/27/13, 3:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

From the facts you presented, their 4/27 response is untimely, assuming you can establish that they received your repair request on the 23rd. Usually these contracts have a paragraph dealing with the methods of acceptable communications, and if you communicated electronically presumably that was authorized by the contract. However, in practical terms of enforcement assuming the seller refuses to go forward, you would have to sue them to enforce the contract, which would be time consuming and costly. So if you really want the property it might be best to see if some compromise can be reached to avoid litigation.

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Answered on 4/28/13, 8:24 am


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