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    mikers26's Avatar
    mikers26 Posts: 1, Reputation: 1
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    #1

    Feb 2, 2009, 09:57 AM
    Commercial Real Estate Purchase Agreement
    If a buyer enters into a seller using a standard AIR agreement to purchase a commercial building in California, I was wondering the following:

    If all the contingencies of the contract are fine (meaning the buyer has no objections with them in particular), but the escrow period has not yet expired, can the buyer decide not to purchase the property for their own reasons (i.e. deal is no longer attractive to them, they can not get financing in time despite there being no financing contingency, etc... ) without giving a specific reason to the seller?

    Would this be grounds for the seller to sue the buyer for non performance / default?

    Would the buyer have to provide a reasonable reason for deciding to not go through with the purchase?

    What if the buyer somehow blamed their decision not to purchase the property on a contingency, that then the seller remedied? Would the buyer be forced to follow through with the purchase then?

    Basically, can a buyer decide to not go through with a purchase for whatever reason if they are still in their escrow period? Or would they specifically need to specifically state a contingency default as a reason for their decision t not follow through?

    Thank you...
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Feb 2, 2009, 10:02 AM
    Without having read the agreement, and based only on the information you've provided here, the answer is that the buyer does not have the right to terminate the agreement unless at least one contingency has not been met and the time for that contingency has not expired.

    The time for the buyer to change their mind was during any attorney review period at the commencement of the agreement. If all contingencies have been met and if the seller has performed all of its obligations then the buyer does not have a legal right to terminate.

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