Real estate transactions are complex and often require lengthy contracts to ensure all parties involved agree to the terms and abide by them. However, unforeseen events can make it difficult or even impossible for the parties to fulfill their obligations. In such cases, the contract could be considered frustrated and unenforceable. In this blog post, we’ll delve deeper into what a frustrated contract is in real estate transactions.
The first question that comes to mind is what exactly is a frustrated contract? In the legal sense, a contract is considered “frustrated” when an event occurs that makes it impossible for either party to complete their obligations. This concept applies to all contracts, including those in real estate transactions.
To apply the doctrine of frustration to a contract, three conditions must be met. Firstly, both parties (or at least one of them) must prove that they cannot fulfill their obligations due to an unforeseeable event. Secondly, the intervening event must be beyond their control and not the fault of either party. Lastly, the contract must not have any provisions that relate to the unforeseeable event or its consequences.
The second condition is particularly important. For instance, if the parties could have foreseen the intervening event, then the doctrine of frustration might not apply. Instead, the court would look to see if the parties made any provisions in the contract to deal with the event and its aftermath. If they did, those provisions would dictate how the parties should proceed.
There are many examples of events that might lead to a frustrated contract in a real estate transaction. For instance, if a property gets destroyed by fire or natural disasters, the contract might become impossible to perform. Similarly, if a party to the contract suddenly dies or becomes incapacitated, this could also frustrate the contract. Events like these are often beyond the control of either party, and therefore, the doctrine of frustration might apply.
It is important to note that a frustrated contract does not necessarily mean that the parties will not be held accountable for their actions. Instead, it means that the contract is void and unenforceable and that the parties must negotiate new terms or settle their dispute in court. In some cases, the court might award damages or compensation to one of the parties.
In conclusion, a frustrated contract is an unenforceable contract resulting from an unforeseeable intervening event, beyond the control of both parties, and without any provision in the contract to deal with such. In real estate transactions, the doctrine of frustration might apply in situations that make it impossible for either party to perform their obligations. Therefore, it is essential for parties to understand how to deal with such situations and include relevant provisions in the contract to mitigate their risk.
PATRICK A. BELL – Lawyer at Bell, Jacoe & Company in Summerland BC – providing legal help with real estate and wills and estate law.