seller backed out after signing contract and taking deposit
Just curious as I just had this happen. I was in contact with a seller property listed on MLS and seller is an agent as am I of which I legally state in contract. We went back and forth on price and then didn't communicate for a week she then came back to me as had no other offers. We agreed on a price and closing date and deposit of 250$ seller signed for all this on every contract page. Seller seemed in hurry and kept pressuring me to rush things she stated her attorney approved sale via text message but I never got approval as I trusted seller. (I know my mistake). She later then wanted me to change closing from 60 days to 30 days and a 2,000$ deposit sent out the very next day this was requested via text not in contract but then threatened contract null and void if I didn't send 2,000$ instead of sellers agreed upon 250$ of which had to be certified check and seller wanted next day and is in another city and requested at time when bank was closed. I replied back left voicemail and email with no response back. At this time my attorney already approved contract and sale. Mind you this is about 1 week time frame. Next day I sent out certified check of 2,000$ as deposit down and paid a fee for. Now 2 weeks later I received the certified check back via mail seller refused. At that time I was shocked I messaged seller what happened all they replied was letter was sent I never received she later said attorney sent disapprove over email of which I also never received. Seller then stopped replying at all with no explanation after signing contract I called my attorney to find out they looked in file and did receive disapproval from sellers attorney with no reason given and never sent or cc notified me. My attorney stated they didn't even notice. So now I'm out wasted time money and planning when seller was pushing for fast closing and I gave all requested they even came back to me low in offer just to sell to me. My only question was as a realtor professional and out of respect could of let me know reason something we could of perhaps worked out if higher or better offer which doesn't seem plausible because seller lowered price was on market over 60 days no offers and needed work. Just frustrated as I had materials contractors lined up to get project don't after closing. My main question is there anything I can do? My attorney states not really they did sign contract and I did right things but seller has ultimate decision I find very unethical. My question how can a seller stop sale or void contract for no reason but a buyer can't as a buyer you would lose your deposit the seller backs out loses nothing a buyer backs out and loses their money how does this work? Am I missing something or do people play by others rules. Thanks
Most Popular Reply
Okay, I'm going to offer some initial advice but please don't take offense. Your post is very hard to read. It's too long with no paragraph breaks. It also uses a lot of lingo about which I'm not familiar (and I'm a lawyer). Basically, in the future, I would try to make a post like this more accessible. It will ensure maximum feedback.
Turning to your question, can the seller simply void a contract for no reason? Short answer is almost certainly no. (Depends on what the contract says and state law.) Here in Texas (and many other states), you could sue for specific performance for this type of breach. However, and this is from a practical standpoint, it's usually not worth it. Attorney's fees will often eat up any discount you were going to receive. Moreover, it's a pretty significant, negative distraction. The only time I have ever sued for specific performance was when the seller refused to sell and tried to keep my earnest money. That's not the case here, and I would say you got out relatively unscathed. I would move on to the next deal and accept that sellers are just going to flake out on you sometimes.