Contingency Not Met and Closed Land (contingent, clause, sale, property)

[kristine2010]

I had an amendment that the sale of property was contingent upon gaining a special permit from the City for this land. The permit was denied, therefore the contract should have been voided. The Title company proceeded to close and did so. It was in 2006. Do I have any recourse?

[rjrcm]

Originally Posted by kristine2010

I had an amendment that the sale of property was contingent upon gaining a special permit from the City for this land. The permit was denied, therefore the contract should have been voided. The Title company proceeded to close and did so. It was in 2006. Do I have any recourse?

Why did you wait 4 years deal with it? Why did you allow it to close without the permit?

Anyway, you should discuss with an attorney.

[LarryTheExpert]

An alternative is to proceed with the offer but include a "kick-out" clause that lets you continue to market the home (how depends upon local MLS rules) and if a better offer comes in, the first buyers have, say, 24-48 hours to remove their contingency -- very unlikely -- or the contract becomes null and void and they get all their money back. The new buyers move into first position.

[FalconheadWest]

The title company can't close anything unless you signed something. If you signed something, what recourse would you expect?

[evilnewbie]

I am curious for what the permit was for that was denied... however I do think that the seller might bring up the fact that its been FOUR years and that you didn't do your due diligence in asking for the permit earlier...

[Silverfall]

The title company can't close without the buyer. Buyers need to SIGN the deed. It's not like they closed without you.

If you want to know if you have recourse 4 years later, then you'd need to talk with an attorney.