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Real Property • Conveyances
PROP#164
Legal Definition
The buyer’s obligation to pay and seller’s obligation to convey title are concurrent conditions, which means neither party is in breach until the other tenders performance.
Plain English Explanation
In land sale contracts, the buyer’s duty to pay and the seller’s duty to hand over the title are like a perfectly timed dance—they happen at the same time. These are called concurrent conditions. It means that neither the buyer nor the seller can be considered in breach of contract until the other party is ready and willing to perform their part of the deal.
For example, the seller isn’t expected to hand over the title until the buyer shows up with the money. Likewise, the buyer isn’t obligated to pay until the seller is ready to give them a clear title. It’s a two-way street, and each side waits for the other to make the first move. So, until someone actually makes the effort to perform (like the buyer showing up with the money), neither party can accuse the other of not following through.
For example, the seller isn’t expected to hand over the title until the buyer shows up with the money. Likewise, the buyer isn’t obligated to pay until the seller is ready to give them a clear title. It’s a two-way street, and each side waits for the other to make the first move. So, until someone actually makes the effort to perform (like the buyer showing up with the money), neither party can accuse the other of not following through.
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob wants to buy Whiteacre. They execute a sale of land contract. The closing is scheduled for today and neither of them performs. Result: Neither party is in breach until one of them tenders performance, at which point the other may be in breach if they fail to perform.
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