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Scott E. Mollen Scott E. Mollen

Contracts—Time of Essence Letter Providing an Additional 20 Days Held to be Legally Sufficient

A plaintiff moved for summary judgment in connection with his breach of contract claim. The parties had entered into a contract for the sale of a commercial real estate property and the plaintiff had given a deposit. The contract provided that the closing would take place on or “sixty (60) days from the purchasers’ receipt of a fully executed contract.” The contract was signed on Aug. 26, 2016. On Sept. 20, 2016, the plaintiff sold his previously owned property. On Sept. 25, 2016, the defendants received two Housing Code violations and an Environmental Control Board (ECB) violation. The defendants cured the ECB violation. The Housing Code violations had not been cured.

The contract provided that the “seller shall comply with all… notices of violations of law or municipal ordinances…as of the date hereof by any governmental department … The premises shall be conveyed free of them at [c]losing.” The plaintiffs had rejected the defendants’ offer to deposit money in escrow with respect to the violations.

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