Real Estate Contract Law Case

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Jon and Marsha are suing Boren Deal for the enforcement of their real estate contract. There are several defenses to contract enforcement, however, very few defenses would be viable options for the seller. The real estate contract does not contain illegal subject matter, nor was the contract obtained illegally (i.e. fraud or duress). While there are several mistakes within the contract documents, the lawsuit itself has nothing to do with these mistakes, but rather one party trying to get out of their side of the contract. The one defense the seller may have is a lack of consideration in the form of an Earnest Money Deposit check. Earnest money is generally used as a tool to preserve a sales deal and is a sign of good will. However, earnest money is not required for sales transactions. The only problem here is that the buyers stated that they had delivered the Earnest Deposit check to their agent, but Marsha was without her check book that day and promised to deliver it as soon as possible. The case scenario never states whether this promise was ever followed through. If Marsha did indeed deliver the check to her agent, all is well, but if she failed to…show more content…
She would likely ask a judge to cancel the contract made between herself and the buyers and award her with ownership of the property. The only way a judge would award her with this remedy would be if he felt that the contract errors and lack of promised consideration, in the form of an Earnest Money Deposit check, were significant enough to undo the contract and its obligations. From a third party bystander’s point of view, at the time the contract was signed by the seller, she appeared to have full intent to complete the sale of her home. A judge would likely ignore the mistakes made in the contract and award ownership of the home to the rightful owner as outlined in the REPC and

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