New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Property Law CUNY Spring 2021

Real Estate Sale Contracts

In the typical U.S. home sale and purchase, the buyer and seller will sign a written contract of sale containing various conditions, promises and representations. Many general common law contract rules will come into play, including rules of offer and acceptance, the statute of frauds, interpretation and application of conditions, defenses including misrepresentation, and remedies including specific performance. The home sale contract will typically be concluded at a closing, when the buyer pays the purchase price and the seller delivers title and possession, assuming all contract conditions are met or waived. Under the common law doctrine of merger, once a deed is delivered the seller's obligations to the buyer are determined only by the deed, which in effect supersedes the sale contract.