My purchase and sale agreement for the sale of my home was written improperly. The sale closed on July 25. The buyers agent stipulated close + 2 days (which would have been the 27th) for new owner occupation, but also wrote the occupation date as July 29th. Which date was the legally binding date?
2007-07-31 05:52:16 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
real estate attorney or bar association resources
2007-07-31 05:55:52 · answer #1 · answered by Anonymous · 0⤊ 1⤋
the one in writing that everyone signed usually controls. If the close + 2 was a verbal stipulation, it likely does NOT control over the written date. If both are written, then the computed date likely controls as it was (obviously) prepared with more care and thought.
some state's laws might say otherwise.
since today is July 31st ... you need to be gone already and can be sued for every day beyond the 27th or 29th that you are there.
move asap
2007-07-31 12:56:31 · answer #2 · answered by Spock (rhp) 7 · 0⤊ 0⤋
Every state is different, but in Colorado, all dates are on or before. I would assume it would be the 27th, but a judge may see it differently. Do you have a per diem penalty for not being out by a specific date? If so, the buyer will have to take you to court to collect that. Most buyers are not willing to do that, if they get possession and the home was left in good condition. Good luck!!!
2007-07-31 12:56:14 · answer #3 · answered by sweetsum691 5 · 0⤊ 0⤋
Regardless of which date is legally binding, it is now the 31st and you need to be out of the house...because even if it is the 29th (which I believe it is because in the event of a question a judge would go with the later date) you would need to have been out by 7/29.
2007-07-31 13:14:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The last date.
2007-08-01 00:20:06 · answer #5 · answered by Yanswersmonitorsarenazis 5 · 0⤊ 0⤋
Depends on where it was put. Sometimes a contract has a special stipulations paragraph and the language usually says this will control. If they are both in the same paragraph, it's ambiguous, and therefore, the earlier would most likely control b/c you no longer own it.
2007-07-31 12:58:05 · answer #6 · answered by lawmom 5 · 0⤊ 0⤋
I would have to say that it is the 27th. Close, plus two days.
It is obvious that the 29th does not fit the specifed calculation.
2007-07-31 12:55:47 · answer #7 · answered by Tim 7 · 1⤊ 0⤋
seek advice from legal aid do you think people who want names for cats on ya will be able to help you? hahahahaha
2007-07-31 12:56:08 · answer #8 · answered by katie d 6 · 0⤊ 1⤋