Seller is breaching contract, should I let it expire or sign their cancelation if I am going to have to take them to court.

I am the buyer of a contract that is supposed to close escrow in 2
days, but there is a problem with the title the seller can not
resolve. She wants us to sign a cancelation contract, but I feel we
should just let this one expire because it is her fault and that
would help us more in court. AND now the icing on the cake is the
Seller’s agent is the owner of the property through a shell
corporation that she is the president of AND never disclosed that at
any tI me of our transaction. She doesn’t even know that I know lol.
What is my best option of recourse. Thanks for any help

Asked on May 17, 2017 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Let them breach the contract by being unable to deliver good title on the closing date: that will be a material breach and will support a breach of contract law suit. If you sign an agreement voluntarily terminating or cancelling the contract, that could end up prejudicing or even waiving your right to proceed against them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.