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Home Q&A Forum Can I terminate a land sales agreement if the seller fails to deliver the title within the agreed upon timeframe?
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Property

Land Sales Agreement

California

Asked on Nov 1, 2024

Can I terminate a land sales agreement if the seller fails to deliver the title within the agreed upon timeframe?

I entered into a land sales agreement with a seller to purchase a plot of land for the construction of my new home. The agreement stipulated that the seller must provide the title to the property within 60 days of signing the agreement. However, it has been six months since the agreement was signed and the seller has failed to deliver the title. I am concerned about the delay and the potential impact on my construction plans. Can I terminate the agreement and seek a refund of any payments made if the seller continues to be non-compliant with the agreed upon timeframe?

1 Attorney answer

Answer

Property

California

Answered 28 days ago

Dolan W.

ContractsCounsel verified

Business Lawyer
Licensed in California
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5.0 (54)
Member Since:
September 8, 2024

Hello! It appears you may have grounds to terminate the land sales agreement based on the seller’s failure to provide the title within the agreed 60-day timeframe. In most land sale agreements, the seller’s timely delivery of a clear and marketable title is a key obligation, and failure to meet this requirement often constitutes a material breach of contract. In other words, CA law requires that parties perform within a reasonable time, and if they do not, it becomes a breach. Given that it has been six months, this delay may be seen as a significant breach, particularly if your construction plans are contingent upon timely access to the property. To move forward, you may wish to formally notify the seller in writing of their breach and request immediate delivery of the title, specifying a final deadline. Best of luck to you! Dolan

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