Real Estate Contract Law

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320SBRLTYTRUST

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Land contract expired in july 2010. Seller owed $26,000. From escrow. Buyer puts hold on escrow not to be released. Financing committment in place prior to july 2010, but could not close due to gas tanks in the ground since 1955. Massachusetts law states any tanks abandoned for more than 6 months need to be removed. Seller has removed the tanks in november 2010.seller has continued negotiations with buyer and attended all planning board meetings and zba meetings, made phone calls on behalf of progressing project. We feel his actions show his intent to continue contract, therefore remains in contract. The tank violation was also cause of non performance to pass papers on behalf of buyers.
 
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