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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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.

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