financing contingency clause (Missouri) · Go Syfert
← Missouri issues

financing contingency clause in Missouri

6 Missouri opinions name it 1 courts 1991–2003 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Warstler v. Cibriangreen
moctapp · 1993 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001See Warstler v. Cibrian, 859 S.W.2d 162, 164 (Mo.App.1993); Grand & St.

11
Fleischer v. McCarvergreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001Fleischer v. McCarver, 691 S.W.2d at 935 (trial judge heard evidence and found that at the time the contract was adopted, the financing clause was for the benefit of seller as well as buyer in the “not all cash deal”).

11
Goldberg v. Charlie's Chevrolet, Inc.green
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993Goldberg v. Charlie’s Chevrolet, Inc., 672 S.W.2d 177, 178 [2] (Mo.App.1984).

11
Alice Blake, Inc. v. Hoffmangreen
moctapp · 1981 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991Goldberg v. Charlie’s Chevrolet, Inc., 612 S.W.2d 177, 178 (Mo.App.1984); Alice Blake, Inc. v. Hoffman, 620 S.W.2d 20, 22 (Mo.App.1981).

11
Nationwide Resources Corp. v. Massabnigreen
arizctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1991–1991
2 sentences

1991Further, “[i]f the buyer fails to make a good faith effort (to obtain the loan) he cannot rely on the contingency to avoid liability on the contract on the theory that the contract was conditional and nonbinding.” Nationwide Resources Corp. v. Massabni, 134 Ariz. 557 , 658 P.2d 210, 217 (Ct.App.1982) (parenthetical added); see also Schottland v. Lucas, 396 So.2d 72, 74 (Ala.1981) (“[B]y their failure to actively seek financing the Schottlands waived that condition and will not be allowed to rely upon the nonoccurrence of that condition as a defense.”). *831 Regardless of what definition of “ob

1991Further, “[i]f the buyer fails to make a good faith effort (to obtain the loan) he cannot rely on the contingency to avoid liability on the contract on the theory that the contract was conditional and nonbinding.” Nationwide Resources Corp. v. Massabni, 134 Ariz. 557 , 658 P.2d 210, 217 (Ct.App.1982) (parenthetical added); see also Schottland v. Lucas, 396 So.2d 72, 74 (Ala.1981) (“[B]y their failure to actively seek financing the Schottlands waived that condition and will not be allowed to rely upon the nonoccurrence of that condition as a defense.”). *831 Regardless of what definition of “ob

11
Schottland v. Lucasgreen
ala · 1981 · cited in 1 Missouri opinions naming this issue, 1991–1991
2 sentences

1991See Schottland, 396 So.2d at 74 .

1991Further, “[i]f the buyer fails to make a good faith effort (to obtain the loan) he cannot rely on the contingency to avoid liability on the contract on the theory that the contract was conditional and nonbinding.” Nationwide Resources Corp. v. Massabni, 134 Ariz. 557 , 658 P.2d 210, 217 (Ct.App.1982) (parenthetical added); see also Schottland v. Lucas, 396 So.2d 72, 74 (Ala.1981) (“[B]y their failure to actively seek financing the Schottlands waived that condition and will not be allowed to rely upon the nonoccurrence of that condition as a defense.”). *831 Regardless of what definition of “ob

11
Kalina v. Eckertgreen
pa · 1985 · cited in 1 Missouri opinions naming this issue, 1991–1991
2 sentences

1991Kalina v. Eckert, 345 Pa.Super. 220 , 497 A.2d 1384, 1386 (Super.Ct.1985).

1991Kalina v. Eckert, 345 Pa.Super. 220 , 497 A.2d 1384, 1386 (Super.Ct.1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Covington v. Robinson green
tennctapp · 1986
1 sentence

2003In Covington , prospective purchasers of farmland sought return of their earnest money due to their failure to obtain a loan of at least 75% of the purchase price as provided in a financing contingency clause. 723 S.W.2d at 644 .

12003–2003
Hoelscher v. Schenewerk green
moctapp · 1991
2 sentences

2002Id.

2002Hoelscher, 804 S.W.2d at 830 .

12002–2002

Where else courts name it

MO 6 (1991–2003) MA 5 (1985–2001) NY 4 (2008–2019) WI 3 (1980–2009) MD 2 (2006–2011) IA 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check