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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20121
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I am a listing agent property. Seller and buyer went into

Customer Question

I am a listing agent for a property. Seller and buyer went into contract this Thursday in CA. Unfortunately, I got word that seller decided not to sell anymore. Buyer had inspections scheduled today....they will have to cancel inspection appt. Buyer is
stating thet will sue for breach of contract and states that seller has no rights to cancel contract. Is that true? I thought seller did have a certain time to cancel as does the buyer. Please advise and clarify. Your support is grearly appreciated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Unless the buyer breaches the contract (fails to meet contingencies), once the contract is signed by both parties, the seller cannot lawfully withdraw from the sale. The buyer can either file suit for breach of contract and try to get the court to order specific performance (unlikely that court will force the sale, or they can sue for any damages they suffered by the breach. Those might be things like increased price they might have to pay for another property or living while they look for a new place or any fees they paid out related to the purchase before the breach (like inspection fees, loan application fees, etc.).

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Unless the buyer breaches the contract (fails to meet contingencies), once the contract is signed by both parties, the seller cannot lawfully withdraw from the sale. The buyer can either file suit for breach of contract and try to get the court to order specific performance (unlikely that court will force the sale, or they can sue for any damages they suffered by the breach. Those might be things like increased price they might have to pay for another property or living while they look for a new place or any fees they paid out related to the purchase before the breach (like inspection fees, loan application fees, etc.).

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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