Legal Question in Real Estate Law in New Hampshire
Seller's obligation on a signed Purchase and Sale agreement
I need information to confirm a seller's obligation under New Hampshire law regarding the execution of a signed purchase and sale agreement. The transaction is for a condominum purchase (ski condo), written and signed (buyer and seller) for title transfer to occur in early December 2002. The seller now wants to postpone this transaction until Jan 2003.
Our desire as buyers is to execute the agreement and take possession per the date in the agreement. Based on the seller's past actions, we sense the seller's real motive is to see this trasaction fail, then ''re-list'' his property at a higher sell price. Demand remains high, inventory remains low, and sell prices continue to escalate. Any information regarding seller's obligation or buyer's right is appreciated.
1 Answer from Attorneys
Re: Seller's obligation on a signed Purchase and Sale agreement
It depends on what the P&S says about the date of closing. Usually, the date on the P&S means about that time. It is not an absolute definite date unless it says something like "time is of the essence."
Again depending upon what the P&S says you might force a sale on the original date by showing up ready, willing and able to buy the condo.
My advice-get a lawyer. You are spending a lot of money and the ski season is going by.