Gruskin v. Fisher

The question is whether a land contract seller who sends notices of intent to forfeit and of forfeiture has made an irrevocable election requiring him to accept possession of the property when tendered by the purchaser in lieu of money damages for breach of the contract.

We hold that while the seller may not accept or take possession and still seek money damages, he may, even after sending notice of forfeiture, refuse tender of possession and either commence an ac*58tion for money damages or for foreclosure of the land contract.

One can agree with our colleagues that § 57501 does not evince a…