If the seller backs out of the contract per the terms of the purchase agreement and properly voids the contract, the buyer typically gets their earnest money back. However, where the buyer, as the breaching party, backs out and there is a buyer default on real estate contract, whomever gets the earnest money depends on whether the buyer has a.
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Takesies Backsies Now that we know what would make a seller back out of a contract, we can explore whether or not they can. In a real estate contract, the favor is usually on your side as the buyer. The contract offers the buyer several ‘outs’ during the contract period.
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Why Sellers Back Out. On occasion sellers have a change of heart and seek to cancel a real estate sales contract. Generally, backing out of a contract is only legal if the buyer has not fulfilled the terms of the agreement, fails to provide the required funds, or requests provisions not included in the contract.
The seller is able to back out if the buyer is unable to secure the expected financing, or fails to make the necessary down payment. A purchase contract will sometimes spell out harsh financial penalties for a seller who backs out for another reason (not set out in the contract), like merely getting a better offer from another buyer.
About the Author: The above Real Estate information on breaking a real estate contract was provided by Bill Gassett, a Nationally recognized leader in his field.Bill can be reached via email at [email protected] or by phone at 508-625-0191. Bill has helped people move in and out of many Metrowest towns for the last 28+ Years.
If not, check with your agent or attorney to understand whether you can actually back out, under the terms of your contract with the seller, without penalty. With that said, just because you can.
Wendy emphasized that "it’s the right thing to do since the real estate industry is no longer. In addition to giving sellers and buyers time, Selling Later’s mission is to also give back by.