Executed contracts don’t come with erase marks. This decision in the case of SRO Development LLC v. 46 Seagrass LLC reinforces that deeds must conform to the P&S. The case highlights the real risks that arise when boundary changes and approvals occur after a deal is struck.
In the Superior Court decision where the Seller reduced the property parcel size before closing, Noel noted the case serves as a reminder that property boundaries are not a moving target. Once a P&S is executed, that deed must conform to the deal struck, not the deal later envisioned.
“It also underscores the danger of proceeding with contracts before title and land use approvals are fully aligned,” Di Carlo said. A timely takeaway for buyers, sellers, and practitioners navigating today’s increasingly complex real estate landscape."
