Legal Question in Real Estate Law in Maryland

seller null and void

I wrote acontract to sell my house-buyers had 14 days to get credit letter -they did not contract says i can null and void but buyers have to sign release but refuse.I have second contract waiting-ready to go.I have informed buyers of cancelling contract but they feel as long as they don't sign release I'm stuck. I need to know if I am or can I continue with second contract.


Asked on 6/19/99, 9:34 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: seller null and void

It's very difficult to give you a definitive answer to your question without seeing the actual wording of the contract. I gather you tried to write the contract without assistance from a real estate lawyer or other professional, which was a very bad idea. Someone skilled in drafting contract language would have written it so that you could have avoided the problem you're having now.

That said, if your contract states that the contract becomes null and void or voidable at your option if the buyer fails to fulfill a condition, that clause should be self-executing, meaning you shouldn't need a release from the buyer. The purpose of the release is to enable the buyer to get their deposit back (you did take a deposit, didn't you?). Write the buyers a letter informing them that the contract is null and void, tender their deposit back (write on the check "full satisfaction of any seller's obligations under the contract"), and proceed with the second deal.

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Answered on 6/30/99, 12:20 pm


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