QUESTION
A deed with a covering letter stating certain amount will be paid by 30 March is valid if not paid on that date
Asked on Jul 08th, 2013 on Breach of Contract - Alabama
More details to this question:
I signed a deed with a company who sent a letter with the deed stating that certain amount will be paid by 30th March, however, they did not in spite of few reminders and also mentioning that the deed will become null and void if they did not pay by 30th March. The Company sent a letter stating that they will pay by 28th March but did not. Ultimately they paid the money when I went to Financial Ombudsman on 15th April. Is the deed still valid then when I have clearly stated in two of my letters that the deed will become invalid if they don't pay by 30th March?
1 ANSWER
Probably You can condition your transfer on receiving payment by a certain date (although a better way would probably have been to have the deed held in escrow pending receipt of the money; you may have had problems if you had ever needed to prove the condition in court since it did not appear in deed itself but only in the cover letter), and you could have demanded the deed back when you were not paid, and you could have refused to accept late payment, but once you accepted the late payment you waived the breach.
Answered on Jul 09th, 2013 at 4:23 PM