Reply to A question for agents and others re the legal position as it pertains to the closing date

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Reply to "A question for agents and others re the legal position as it pertains to the closing date"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If I were the buyer, I would close and immediately drive to my new property with a locksmith.  The OP's cousin or whatever is then free to bring their action arguing that the "best efforts" clause prevented cousin's unmoved personal property from conveying with the house that I now own.[/quote]

Good plan in theory but there is an attorney involved who is advising the seller to enforce the close on schedule and then not vacate the property and they have given the buyer notice that is what they intend doing.[/quote]
How can they do that? It doesn't sound legal..[/quote]

[b]Yes, whatever this "best efforts" clause says[/b], it certainly does not prevent the property from changing hands.  The seller no longer owns the house and the buyer does.  Plus, in this case, the seller is simply playing games to try to nullify the contract.  Once it closes, the seller's game is over.[/quote]

You don't know what it says and given that an attorney told the seller to how to proceed, it must safeguard the seller's ability to stay in the house after the close.[/quote]

Well, agree to disagree.  There are plenty of stupid attorneys that advise plenty of stupid things.  If the "best efforts" clause prevents the property from passing, it nullifies the contract and money won't change hands.  The clause does something less than that or the OP wouldn't be asking the question.  Given that it is not a standard clause, the parties probably have differing opinions on exactly what the clause accomplishes.  As a buyer, I would take possession of my property and leave the seller in a position of having to convince a court of the meaning of the "best efforts" clause.  And I would counterclaim for trespass.[/quote]
+1
Now I got your s***
YOu figure out how to get in and get it[/quote]

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