Can a buyer walk away from an accepted offer to purchase with no contingencies?

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Can a buyer walk away from an accepted offer to purchase with no contingencies?

I have a listing with an accepted offer to purchase. The offer had no contingencies and we are due to close at the end of the month. The buyers

have cold feet and are trying different ways to get out. On the original listing

contract, I mistakenly wrote down the wrong number for one of the parking

spots included legally 16 and 29 but in the listing I wrote 5 and 29. The buyers agent said it wasn’t an issue and we would do an amendment to correct.

Now they are saying they are going to serve notice and want out of the contract based on providing the wrong parking space on the listing contract – do they have a chance?

Asked on April 14, 2018 under Real Estate Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no breach of contract.  The buyer will not succeed in claiming that the typo regarding the parking space number constitutes breach of contract.  The buyer will not be able to argue mistake as a defense to enforcement of the contract because the buyer knew of the mistake regarding the parking space number.
Breach of contract must be material; not some insignificant typo regarding the number of a parking space.  
The buyer's agent is correct that an amendment to the contract can correct the parking space number.


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