If a term of a contract is breached is the entire agreement void?

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If a term of a contract is breached is the entire agreement void?

I sold a property 2 years ago, short sale, “as is”. It had all appliances. I signed the contract and they signed the contract. They had seen the property many times. I live in PA and have not been back since. After closing, 1 day, appliances were missing. They sued myself, and both realtors. Realtos were dropped from case, but the judge put a judgement against me. However we did nothing wrong. If the judge said this is a violation of the contract, would the entire contract be void then? Would Istill theoretically own the property? If the contract was not met, it is then void?

Asked on August 28, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In your situtation it sounds like you had the opportunity to defend yourself concerning the lawsuit resulting from the short sale of the property you sold to the buyer where unfortunately for you a judgment was entered against you for the plaintiff buyer's claimed damages arising from the sale of the property.

From my read of your question and the result, there could be a finding that the contract concerning leaving appliances in the sold unit as part of the sale was breached, but the degree of the breach resulted in ascertainable damages for the cost of replacement of the appliances that were not in the unit when the buyer took possession but did not warrant the rescission (cancellation) of the agreement by the buyer.

The court held that the purchase contract was valid. The judgment against you is presumably for the buyer not receiving all the appliances he or she bargained for in the sale. These appliances supposedly were not on site when the buyer took possession of the purchased property.

 


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