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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I don't want to sell my home, but the buyer will not let me

Customer Question

I don't want to sell my home, but the buyer will not let me out of the contract. We close on Friday, so I was looking for a way out. The one thing is they sent me an email to add a buyer to the contract. I did not agree. I'm wondering if this could be my way out
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Fl
JA: Has any paperwork been filed?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: The realtor is representing the buyer and seller
Submitted: 12 months ago.
Category: Real Estate Law
Customer: replied 12 months 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.
Customer: replied 12 months ago.
Here are my contracts
Expert:  Irwin Law replied 12 months ago.

Good evening and thanks for using Just Answer. I'm sorry to hear that you are in such a dilemma. I am sorry to say that merely asking to add another party to the contract does not void the agreement. There is no negative affect on the Seller if a third party is added, but you don't have to agree to do it. What the buyer does afterward is up to the buyer.The buyer, if they wish, can always deed an interest to the third party after the closing.

Customer: replied 12 months ago.
What if they needed this buyer to close and the time elapses?
I believe it has to do with the financing
Expert:  Irwin Law replied 12 months ago.

I don't see anything in the agreement that permits them to add a buyer, OR for you to refuse to add one either. If you procrastinate your approal and it causes their financing to fail, well, they could have put him on the contract to begin with. Why didn't they? I also don't see a right for the buyer to assign the contract, which would permit the husband to be added. Offhand and subject to a FL attorney doing some extensive case research, I think a court would have a hard time justifying a seller's refusal to permit the addition of a buyer, absent a showing that it causes some harm to the Seller.

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