Are the original terms of a purchase contract regarding an easement enforceable after closing if the final recorded easement omitted some of the terms?
Are there any seasoned CRE who can give me an opinion on this conundrum? We (buyers) entered into PSA for a parking lot in a metro area in the midwest April 2017. The PSA stated we were to agree to give seller 20 parking spaces in perpetuity, to be stated in a Parking Easement the seller was to prepare, both parties to sign, and record. However, the PSA expired by October 2017 and the seller went silent. Then December 2017 the seller re-approached us wanting to sell/close by year end (less than 30 days!) We said "yes" but no updated PSA was created nor signed. Instead, we went off of the settlement statement and draft closing docs prepared by seller's counsel &amp; title company in lieu of a PSA due to seller's tight deadline. We verbally negotiated the 20 spaces down to 6 spaces, seller's counsel prepared a Parking Easement for 6 spaces that all parties signed at closing, all docs were recorded, and the property has been ours ever since.

Now the Seller wants to enforce the terms of the original PSA for the 20 spaces.  How likely are they to prevail if the brought action?
[{"id": "ixbhtz6", "text": "This is 100% a question for your own lawyer. I am not a lawyer.\n\nMy non-lawyer guess would be that 5 years later is way too late to bring this as some sort of contractual claim that survived closing. Most likely, the easement as recorded is the easement as recorded and the Seller (or whomever owns the land to which the easement was granted) can go kick rocks.\n\nThe answer to this question will depend upon any language in the PSA about any provisions surviving closing, what written records (if any) exist regarding the negotiation from 20 spaces down to 6, what the seller's \"side\" is regarding the discrepancy, what the seller received in exchange for lowering the number of parking spaces, what happened to earnest money when the PSA expired in October, any applicable statute of limitations, how many parking spaces the Seller has been using over the 5 years since closing, etc.", "replies": [], "depth": 1}, {"id": "ixbt2sz", "text": "&gt;no updated PSA was created nor signed\n\nStatute of Frauds requires real estate agreements to be written contracts. The recorded parking easement is what encumbers the land.  Get a *real estate* lawyer, you're in over your head.", "replies": [], "depth": 1}, {"id": "ixfhtky", "text": "Look up legal doctrine of merger", "replies": [], "depth": 1}]