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In Michigan, time is of the essence means:

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Question & Answer

Review the question and all answer choices

A

Deadlines are flexible

Deadlines being 'flexible' is the precise opposite of what time is of the essence means; this answer describes a contract without such a clause, where courts might allow reasonable delays without finding breach.

B

Contract dates and deadlines must be strictly observed

Correct Answer
C

Only closing date matters

The doctrine applies to all contract dates and deadlines β€” including inspection contingency deadlines, financing approval dates, and title commitment delivery dates β€” not solely the closing date; limiting it to only the closing date would leave other critical deadlines unenforceable.

D

Extensions are automatic

Automatic extensions are incompatible with the time is of the essence doctrine; any extension of a deadline in a time is of the essence contract must be expressly agreed to in writing by both parties, and no extension is ever granted automatically.

Why is this correct?

When a Michigan real estate contract contains a 'time is of the essence' clause, all dates and deadlines specified in the contract β€” including inspection periods, financing contingency deadlines, and the closing date β€” must be strictly met, and a party's failure to perform by the exact deadline constitutes a breach of contract under Michigan common law and MCL 566 principles governing contract performance. This strict interpretation protects both buyers and sellers by creating certainty and finality in transaction timelines. Courts will not grant equitable relief to a party who misses a time is of the essence deadline simply because the delay was short or caused minor inconvenience.

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