In: Accounting
Closing is subject to buyer’s inspection of property by him and his designated specialist and complete satisfaction of specialist with property condition. Aherns’s specialist inspected the property and said he thought the roof would need to be replaced in a few years. He also felt some wood near the front of the cabin should be replaced. Aherns demanded that the Johnsons fix these items or he would not close. The Johnsons maintain they did not agree to any repairs; the condition was for Aherns’ protection so that he could opt out of the agreement. Aherns has threatened to sue for breach of contract. Who should win?
Answer)
Here, as per the details covered in the question the buyer have only right to decline the contract but not to sue on the seller for breach of contract as there is no breach in it. Hence, if Ahern decide to proceed legally ,it would be Johnson who would win the case as the agreement is just to choose or not to choose but not seller agree for everything what the buyer says.