What must a seller do before declaring a buyer in breach of contract?

The process of declaring a buyer in breach of contract typically involves the seller's obligation to perform their part of the agreement before taking further action. Tendering performance at closing means that the seller must be prepared to fulfill their contractual obligations, which may include transferring ownership of the property and fulfilling other conditions of the sale. If the seller fails to do this, they cannot rightfully declare the buyer in breach since they haven't met their own obligations first.

In real estate transactions, the principle of "substantial performance" applies, indicating that a party must perform their duties according to the contract before they can accuse another party of breach. This highlights the importance of giving the buyer an opportunity to fulfill their contractual responsibilities as well.

The importance of being prepared to fulfill one’s obligations reinforces the idea of good faith in contract negotiations and helps to ensure that both parties are held to their commitments, promoting fairness in contract enforcement.