Sell Seller Default on Real Estate Contract

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FAQ

Can a seller break a real estate contract?

But unlike buyers, sellers can't back out and forfeit their earnest deposit money (usually 1-3 percent of the offer price). If you decide to cancel a deal when the home is already under contract, you can be either legally forced to close anyway or sued for financial damages.

What happens if you default on a real estate contract?

A default in a real estate contract happens when one party to the contract fails to fulfill the terms of the agreement. It is not a crime to be in default of a real estate contract. However, the party found to be in default can be sued in court for failure to perform and for damages resulting from defaulting.

What remedies does a buyer have when a seller breaches a sales contract?

The buyer may, (a) set up the breach of warranty in extinction or diminution of the price payable by him, or (b) sue the seller for damages for breach of warranty. He may treat the contract as rescinded and sue the seller for damages. This is also known as 'damages for anticipatory breach'.

What happens when a seller refuses to close?

If the seller backs out for a reason that isn't provided by the contract, the buyer can take the seller to court and force the home sale. ... The seller may have to pay the buyer's legal fees and court costs. The buyer's escrow money is also returned, with interest.

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