✏️ Editor’s Note: Realtor Associations, agents, and MLS’ have started implementing changes related to the NAR’s $418 million settlement. While home-sellers will likely save thousands in commission, compliance and litigation risks have significantly increased for sellers throughout the nation. Learn how NAR’s settlement affects home sellers.
Yes, you can back out of a contract. 15.2% of sellers exited their contract before finalizing a house sale. Breaking a contract can have legal consequences and should not be taken lightly.
As a seller even with valid reasons to back out, you may face hefty fines. Consulting with an attorney can help you negotiate terms and add the necessary provisions to your contract. As a result, understanding when you can break a contract is crucial.
Terminating Real Estate Contracts
- 25% of real estate deals fall apart due to issues revealed during home inspections.
- One in five real estate contracts are canceled because of appraisal issues.
- Backing out of a real estate contract is highly contingent on how far into the contract you are and if you can provide proof of your circumstances.
Can a Seller Back Out Of a Real Estate Contract?
The straightforward answer to this question is yes, however, it’s not as simple as that. In theory, once a real estate contract is signed, the buyer and seller are legally bound. However, certain clauses can allow the seller or buyer to back out.
From personal issues to legal considerations, various reasons can cause you to break a contract. Some reasons allow you to back out without legal consequences while others may lead to substantial losses.
Reasons Sellers Might Back Out of a Contract in Real Estate
You might find various reasons to withdraw from a contract. Some of these include:
- Emotional Attachment: You might struggle to sell your home due to a deep emotional bond developed over the years. This attachment can make accepting even excellent offers challenging. Additionally, staging, decluttering, and repairing may amplify your emotions.
- Unexpected Events: Personal issues like job loss or illness, economic shifts, or global events may prompt you to reconsider selling your home due to new uncertainties.
- Appraisal Concerns: A lower-than-expected appraisal might lead you to question the sale. Financial implications of appraisal issues can alter your commitment to proceeding.
- Lack of Housing: Difficulty in finding a new home may make you hesitant to sell. Contracts with contingency clauses or leaseback agreements can offer flexibility and more time.
When Can I Legally Back Out of a Contract?
Home sales are bound by contracts. These sale contracts specify situations in which you can back out of a contract without facing legal consequences. Let’s take a look at these scenarios:
- Cooling-Off Periods: Some contracts include a cooling-off period, allowing you to back out within a specific time frame without penalty. This period gives you time to reconsider your decision and potentially withdraw without financial consequences.
- Contingency Clauses: If your contract contains specific contingencies, such as finding a new home, securing financing, or satisfactory inspections, and these conditions are not met, you can legally terminate the contract.
- Buyer Breach: If the buyer fails to meet their obligations under the contract terms you have the right to cancel the agreement. This could be failure to secure financing or inability to deposit earnest money within a timeframe.
- Mutual Agreement: You and the buyer can mutually agree to terminate the contract at any point. This agreement must be in writing and signed by both parties. Such an agreement releases each other from any further obligations.
What are the Consequences if You Back Out of a Contract?
Depending on the terms outlined in the contract, you may face financial and legal consequences if you back out of a contract. Some of these include:
Suit for Follow Through
If you cancel a real estate contract, the buyer might take legal action to make you follow through. In simpler terms, they could ask the court to make you sell the property as originally agreed.
Paying for Damages
Terminating a contract may lead to a lawsuit from the buyer seeking damages. These damages cover the buyer’s expenses, including property inspections and appraisal fees.
The amount you will pay as damages depends on the contract terms and the situation. The goal here is to financially restore the buyer to where they were before the contract.
Listing Agent Sues for Compensation
If you cancel your real estate contract, your listing agent might sue you for compensation. They may argue that they fulfilled their contractual duties and deserve their commission.
The agents’ lawsuit depends on their contract with you. They might claim marketing expenses and lost income during the process. You might have to pay the legal fees and the agent’s commission as potential damages.
Hence, before hiring an agent discuss with him of consequences if the contract is backed out. Hire a professional agent who can keep policies transparent with you.
Bottom Line
Real estate transactions require a deep understanding of the contract under which you can legally back out. As a seller, backing out must be your last resort. Therefore, you must withdraw only in circumstances covered by clauses or legal allowances.
Using Houzeo can help you streamline your property selling and buying process. Explore Houzeo’s directory of real estate attorneys to seek professional guidance on matters related to canceling a contract.
Frequently Asked Questions
Can a buyer force you to close?
A buyer cannot physically force a you to close. However, if you breach the contract, the buyer can seek legal remedies. Legal action depends on the contract terms and local real estate laws.
Can a seller back out of an accepted offer?
A seller can legally back out of a contract if contingencies are not met (like home inspection, appraisal, or financing), during the attorney review period, or if there's a breach of contract by the buyer.
Emotional reasons or better offers are not legal grounds to back out without consequences.
Can you accept another offer while contingent?
Yes, you can accept a backup offer while under a contingent contract. However, you cannot legally engage in a new, binding contract until the first one is resolved or terminated. If the initial contingency isn't met, you can then move forward with the backup offer.
Can you back out of an escrow?
Yes, you can back out of an escrow if there are contractual contingencies that allow it. For example, a failed home inspection or appraisal issues allow you to back out.
However, backing out without a contingency reason can lead to legal and financial consequences.
