[WSBARP] Medical exception to RE contingency deadline?

Dan Goodman dangoodmanlaw at gmail.com
Mon Mar 22 16:13:34 PDT 2021


Good afternoon all-

Buyer makes purchase offer on residential property, with an inspection
contingency.  Contingency deadline is Friday at 9:00pm.  On Thursday,
Buyer's agent informs Seller's agent that Buyer has become sick (he later
went to hospital with a sudden heart condition) and asks if they can meet
for a walk-through on Saturday.  Seller's agent responds that work will be
done on Monday, and asks if they can meet early Saturday, to which they
agree.  On Saturday, upon receiving the full inspection report, which is
brimming with serious problems, Buyer rescinds offer.  Now, roughly a year
later, Seller's agent informs Buyer's agent that the earnest money
($10,000) will not be refunded, as the Buyer backed out after the
contingency deadline.

1. Is there (arguably) an exception for a medical emergency precluding a
response by the contingency deadline?
2. Is the Seller estopped from claiming the deadline as the original 9:00pm
Friday by his agent, on Thursday, agreeing to the walk-through on Saturday?

Any thoughts would be appreciated.

P.S. Yes, that money is still sitting in escrow a year or so later.

Thank you,
Dan Goodman
206-678-6573
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