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Home Q&A Forum Purchase and sale agreement and default?
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Loans

Purchase And Sale Agreement

California

Asked on Sep 7, 2023

Purchase and sale agreement and default?

I am in the process of purchasing a commercial property from an individual seller. We have already agreed on the terms of the purchase and signed a Purchase and Sale Agreement. Recently, I have been informed that the seller is in default of their loan agreement with their lender, which could potentially put our agreement in jeopardy. I am seeking legal counsel to understand my rights and the potential implications of the default.

1 Attorney answer

Answer

Loans

California

Answered 382 days ago

Myrna L.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

Potential loan default on the property may or may not impact your Purchase Agreement depending on when you plan to close escrow. First, isn’t the loan being paid off with the sales price? If so, Second, escrow company should have contacted lender requesting pay off amount. Third, lender would stop any pending default action when they know they will be paid off with the sale.

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