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Sellers may try to back out of contracts for a variety of reasons, but it’s often because they believe they can get a higher price and make a better profit. This was a very common problem a few years ago when the market was so hot that values increased on a weekly basis. It’s not as common today, but temecula real estate attorneys do still see these cases. So what is a buyer to do when the seller tries to back out of the agreement?
How Can a Seller Back Out of a Real Estate Contract in Florida? You made the decision to sell your property and went through the painstaking details and chores of getting it ready. All the necessary repairs have been made and your home staged.
As a seller, you can back out of a real estate contract, but the buyer may sue you. You can also get out through contingencies.
Neither the buyer nor the seller is obligated to move forward with the purchase if no agreement can be reached over repairs.
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A seller can back out of a contract but only for a legal excuse under the terms of the agreement. If the contract is in writing then you need to look at the written document to determine whether any of your reasons for backing out are covered by the contract conditions.
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Backing Out as a Buyer. As long as your contract has contingencies, typically, you can back out of the deal without sanction. For example, a home inspection contingency gives you the right to inspect the property and to back out of the purchase if the inspection doesn’t meet your expectations.
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If the seller decides to back out you can have a memorandum of agreement drafted and recorded, effectively clouding the title. Whenever they decide to sell, they’ll HAVE to come back to you and either pay you to go away or follow through on the deal.