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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15743
Experience:  Licensed General Practice Attorney, Texas
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Is there any way to get out of selling my house if I signed

Customer Question

Is there any way to get out of selling my house if I signed a contract?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ScottyMacESQ replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. What you need to know is that generally speaking the contract is going to control, and assuming the contract is good, that you don't have an exit clause, and that you can't come to an agreement with the buyer of the house, then if you refuse to sell, the buyer can sue you and seek "specific performance" (a court order that tells you to transfer the property as you contracted to do so).

There are really only three ways to "get out of selling"... First of all there's the contract itself. It's unlikely that there would be any exit clause, but it never hurts to look. Second would be with the consent of the buyer. If you can come to an agreement to cancel the contract with the buyer, you won't have to sell it. And finally it would be to do something to render the contract inoperative. This is actually the most difficult, as you would need to show that the buyer fraudulently induced you into the contract, or there was some other contractual defense that you could claim (duress, unconscionability, etc...) You wouldn't have a claim if you were mentally fit and couldn't show any "bad act" by the seller.

In short, unless you have the consent of the buyer, it's a very uphill battle to rescind a contract to sell. You'd have to show that the contract lets you cancel or that the contract was void from the beginning due to fraud, duress, or coercion. If you have any evidence of that, then you should take it to a real estate attorney to seek a "declaratory judgment" rendering the contract null. But otherwise (and I really hate to say this) the contract will be valid and binding, and the buyer can enforce it against you.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacESQ replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

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