Let seller out of contract?

Question

I signed up a great deal a few weeks ago.  A few days from closing, the seller calls me and "doesnt want to sell anymore".  Based on other information gathered, I am 99% sure an agent told him he should be getting more $$ for the property.  What would you do?

Thomas S. · Answer

Not sure why you are asking ?????

Have your lawyer tell his lawyer it's a done deal.

Wanona McLain · Answer

what if you been in the house for a year when the seller decide to  change the price agreement. What's my option

Justin S. · Answer

@Larry Flanagan If the question is rooted in ethics, you engaged in an arms length transaction assumedly without any undue influence applied to Seller. I don't see an ethical question. Move forward!  Benefit of the bargain!

Chris Soignier · Answer

The seller is the one who should be questioning the ethics and morality of his desire to weasel out of the contract.   The first thing I'd do is file the sales contract with the county, which will cloud the title and make it difficult to impossible for him to sell to anyone else.

It's hard to compel anyone to sell against their wishes, but you sure can prevent him from selling to anyone else, and if/when he does want to sell, you have dibs at the contractual price, or can force him to pay you liquidated damages to release the lien.

I'm not a lawyer, nor is this legal advice, just my $.02...

Brandon Connell · Answer

It's not moral or ethical for a seller to back out. The contract is solid, let it happen. Of course, it's your dime.

Larry Flanagan · Answer

I know I can force a sale and it would be worth the expense.  I'm looking at it from more of a moral/ethical perspective...

Justin S. · Answer

It's really a cost benefit analysis question. Will the cost of litigation eat up any potential profit?  If the answer is yes, you should carefully consider your options. If the answer is no, file suit for specific performance. Without question, you need to sit down with a real estate attorney to explore all options.

Are there any contingencies in the contract that allows his exit to occur without penalty?

We need more facts!

Good Luck!

JWS

Lynn McGeein · Answer

This was a good older thread on the subject:

https://www.biggerpockets.com/forums/311/topics/99111-what-to-do-if-seller-tries-to-back-out-of-signed-contract

Let seller out of contract?

Most Popular Reply