- 6 - 1990, Mr. Suiter, through his attorney William Boyd (Mr. Boyd), expressed some reluctance about agreeing to another extension of the closing date. Mr. Boyd stated in his letter: Carl, Darby would prefer to terminate the Contract. He is concerned that you will not be able to raise the down payment and thus lose the $25,000.00 extension payment. You have insisted that you can close by December 19th. Darby has reluctantly agreed to this extension but will not be inclined to grant further extensions. Please consider all of this carefully before spending your $25,000. In the same letter, Mr. Boyd indicated that Skylane Apartments were averaging 82-85 percent occupancy. However, Mr. Boyd warned: You are required not to rely on this information but to conduct your own independent analysis of these matters. Petitioner signed the Second Addendum and paid the $25,000 extension fee by money order dated November 26, 1990. According to the Second Addendum, the sale price of Skylane Apartments remained at $10,200,000. However, a cash downpayment in the amount of $2,550,000 was required, and the remaining portion of the purchase price was to be financed by Mr. Suiter. Pursuant to the Second Addendum, the sale of Skylane Apartments was required to close by December 19, 1990. In the event of default by petitioner, the seller's only remedy would be termination of the contract or specific performance. In addition, the Second Addendum stated: Buyer has had ample opportunity to inspect the books and records of Seller and the premises and havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011