We represented the owners of property who were being told by the would-be buyers and their lawyer they had to sell their property because they had a contract to sell it to the potential buyers. However, we examined the critical facts and law and our advice was no contract was formed under South Carolina law. Our clients refused to sell their property and the potential buyers sued our clients.
This case went all the way through trial and our clients prevailed. The Court agreed with us and our clients that no contract was ever formed, there was never a meeting of the minds on all material terms and the Court refused to grant specific performance. The critical issue was that the real estate agent for the would-be buyers failed to convey all components of our clients’ counteroffer during the negotiations.
