A real estate broker contracted to sell a peice of land to Marilyn Curry. At her

Question

A real estate broker contracted to sell a peice of land to Marilyn Curry. At her request, the contract sates, "This contact is contingent upon the buyer obtaining a rezoning for a mobile home park and campground. This contract is to be voided if the rezoning is not obtained within 120 days." After 65 days, Curry notifies the broker that she would buy the property, irrespective of a zoning change. The zoning change was not obtained during the 120 day period. The broker now refuses to convey, and Curry sues. Who wins? Why? Explain.

Explanation / Answer

The contract clearly dictates that the rezoning has to be obtained within a time limit of 120 days from the date of purchase of the property. However even after the property was purchased soning change was not obtained. On the preliminary evidence curry might loose as there are no substantial evidence to prove that she tried for a rezoning. however to conclude on this more details would be required on the contract on individual liabilities of both the curry and the broker for the rezoning of homepark and campground.

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.