A New York seller receives two offers on the same day: Offer A for $450,000 with a 30-day closing, and Offer B for $440,000 with a 45-day closing and attorney approval contingency. The seller signs Offer A and then discovers Offer B has better financing terms. Can the seller withdraw from Offer A to accept Offer B?
Correct Answer
D) No, the seller is bound by the signed contract unless the buyer defaults or contingencies fail
Once a seller signs a purchase contract in New York, they are legally bound to that agreement. The seller cannot withdraw simply because a better offer comes along. The seller can only be released if the buyer defaults, contingencies are not satisfied, or both parties agree to cancel the contract.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.
More Contracts Ny Real Property Law Questions
Karen's contract to purchase a house in Westchester includes both an inspection contingency and an appraisal contingency. The inspection reveals $8,000 in needed repairs, and the appraisal comes in $12,000 below the purchase price. Karen wants to proceed with the purchase. What is her best strategy under New York law?
A buyer in New York breaches a contract to purchase a $600,000 home and forfeits a $30,000 earnest money deposit. The seller incurs $8,000 in additional carrying costs and $4,000 in remarketing expenses before selling to another buyer for $585,000. What is the seller's total recoverable damages?
A real estate agent is explaining the differences between cooperative and condominium ownership to a client. All of the following statements about New York cooperatives are accurate EXCEPT:
In New York, a buyer breaches a real estate contract and forfeits their earnest money deposit. The seller then resells the property for the same price to another buyer. What additional damages can the seller typically recover?
Margaret enters into a contract to sell her Bronx property to Paul. The contract includes a clause stating that Margaret will provide marketable title. A title search reveals an old easement that was never properly recorded but is still valid. Paul refuses to close, claiming the title is unmarketable. Under New York law, is Paul correct?
- → In a New York residential sale, the buyer's attorney requests a contract modification after the attorney review period. The seller's agent asks the buyer's agent to explain the legal implications of accepting this modification. How should the buyer's agent respond?
- → In New York real estate law, what is the legal term for the buyer's right to examine the property's title and raise objections before closing?
- → Elena's cooperative building in Manhattan is facing financial difficulties and may need a special assessment. As a shareholder, what is Elena's potential liability if the cooperative corporation defaults on its underlying mortgage?
- → A New York purchase contract includes the provision: 'Buyer to assume seller's existing mortgage of approximately $180,000.' At closing, the actual mortgage balance is $186,500. The buyer objects to the higher amount. Which statement is most accurate?
- → A cooperative board in Manhattan interviews prospective purchasers and asks about their marital status, plans for children, and country of origin. Which aspect of this interview process violates New York law?
- → A seller in New York breaches a contract for a $750,000 home. The buyer must purchase a comparable property for $785,000 and incurs $3,200 in additional costs (inspection, appraisal, attorney fees). The buyer also loses $1,800 in non-refundable application fees from their original lender. What are the buyer's total recoverable damages?
- → Lisa includes a home sale contingency in her offer to purchase a property in Buffalo. The contingency states she has 45 days to sell her current home. On day 40, Lisa receives an offer on her current home but the closing is scheduled for day 50. What should Lisa do to avoid losing her purchase contract?
- → A New York seller of a rent-controlled apartment building breaches the purchase contract by failing to provide required tenant estoppel certificates and rent roll documentation. The buyer discovers that several apartments are illegally deregulated. What is the buyer's most comprehensive remedy?
- → Mark's contract to purchase a co-op apartment in Manhattan includes an inspection contingency that allows him 10 days to complete inspections and notify the seller of any objections. On day 8, Mark discovers significant plumbing issues and immediately notifies the seller in writing. Under New York law, what happens next?
- → In New York, a seller breaches a purchase contract by failing to deliver a certificate of occupancy required by the contract terms. The buyer wants the property but needs the certificate for their intended commercial use. What remedy should the buyer seek?
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