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From the Hotline
by Christopher A. Combs
Copyright 2004, all rights reserved. The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Contract does not require a specific closing date

Question: The contract for the purchase of a home mistakenly omitted a specific date for the close of escrow. Is a contract enforceable without a specific date for close of escrow?

Answer: Yes. If a contract does not have a specific date listed for performance, a reasonable time is implied. Dutch Inns of America, Inc v. Horizon Corp., 18 Ariz. App. 116, 119, 500 P.2d 901, 904 (1972). In order to determine what is a reasonable time, the courts will attempt to determine the intent of the buyer and the seller regarding the time of closing. Evidence of the intent of the buyer and the seller can be by conversations or correspondence between the buyer and the seller regarding closing, prior transactions of the seller or buyer, and the customary time for closing in the community.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission from Arizona Realtor Digest, 2004.


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