In Bryan v. Breyer, 665 A.2d 1020 (Me. 1995), the parties entered into a purchase and sale agreement for real estate under the mutually mistaken belief that a certain lot was to be included in the sale. Between the lime the purchase and sale agreement was executed and the closing took place, the parties were informed that the particular lot was not included in the deed. Nevertheless, the parties went forward with the closing.
The Law Court held that because the parties were aware of the omitted lot at the time of closing but proceeded to close anyway, the deed could not be reformed on the theory of mutual mistake.