Susan enters into an unconditional agreement of purchase and sale to buy a home owned by Alicia. The deal is scheduled to close on September 1. On June 10, less than three months prior to closing, Susan writes a letter to Alicia indicating that she has changed her mind and will not be buying her house. In these circumstances, the most likely scenario is for Alicia to:
◦ seek a court injunction forcing Susan to close on September 1.
◦ sue the listing agent for failing to secure a larger deposit.
◦ seek no court action because the contract is frustrated.
◦ treat the letter as constituting an anticipatory breach, treat the contract as discharged, and place the home back on the market reserving her rights to sue Susan.
◦ commence a lawsuit immediately for punitive damages.
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