FACTS: Buyer submitted an offer to the Seller with a Close of Escrow date indicated as January 5th.  Buyer used the Buyer Contingency Addendum (the “Addendum”).  The Addendum stated the Buyer must deliver Accepted Offer Documents by November 12th, and the buyer’s offer was contingent on the closing of buyer’s Property by January 4th.  Seller accepted the offer.

Subsequently, seller accepted a back-up contract and provided buyer with notice.

Within three (3) days, buyer provided notice to the seller that buyer would remove the Buyer Contingency.

Seller now insists the buyer must close by November 12th.

ISSUE: Does buyer have to close by November 12th?

ANSWER: No.

DISCUSSION:         

A contingency is a clause that requires the completion of a certain act before the parties are obligated to perform their contractual obligations.

Here, the buyer simply removed the Buyer Contingency.  The underlying contract terms remain the same and the previously agreed upon close of escrow date of January 5th remains effective.