I am seeking to excuse my nonperformance and return of earnest money for the contractual obligations regarding a Purchase and Sales agreement signed early February. The contract does not have a Force Majeure clause. However, as the coronavirus spread in the United States and triggered a series of state orders and advisories, it created consequences that are unexpectedly intervening; while the purchase and sales agreement assumed such an event would not occur; and the unexpected state orders made contractual performance impossible or impracticable.
You would need to have the contract reviewed by an attorney in the state in which the contract was drafted/performed.
