Contract termination due to medical issues

[Kevin Reid]

So long story short I have a friend in Florida that is selling his house. They signed the contract for it 4 days ago, but yesterday his wife was put on bed rest for the next few months. So they will not be able to move. The buyers did not put down any money yet, and they have not paid for inspections or anything. They offered to move the closing back to October 1st, but they refused, and insisted if that happens then he has to pay for a rental and storage. Doing so would eliminate any profit on the investment, and they don't have much money to do so anyway.

So I guess my questions are can he terminate the contract? Does this qualify as force majeure? Any advise?

[Steve Hall]

@Kevin Reid

The Florida "Residential Contract for Sale and Purchase" that all Realtors use has a clause, Paragraph 2(a), which says "The initial deposit made payable and delivered to Escrow Agent named below..." and then there are two check boxes:

(i) Accompanies offer

(ii) Is to be made within _______ days (if left blank, then 3) after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) SHALL BE DEEMED SELECTED.

If no deposit was received within 3 days (or whatever number was written in the blank) then the buyer(s) are in breach, and seller should send written termination. Deposits are often late now-a-days, so this is an easy out.

Read Paragraph 15 and 16 regarding Default and Dispute Resolution. It's pretty easy to get out of a sale / purchase contract in Florida.