Can Force Majeure be employed to nullify a purchase agreement?
My daughter entered into a contract to buy a house. Not a good contract, and in my opinion she was misled to begin with on the contract. The seller is keeping the EMD stating that covid has been hard on him. I should add that we had direct Covid-19 impacts with lenders that prevented my daughter from being able to get financing... she did not have a financing contingency in the very one-sided purchase agreement she signed. I believe we can leverage Force Majeure to nullify the contract and therefore reclaim our EMD.
Anyone have any thoughts? I am sure KW or another national brokerage company would have seen this in play.
Thank you.