getting out of a sale - Posted by Michelle

Posted by JohnBoy on February 01, 2005 at 18:34:06:

So why has she changed her mind?

The mere fact she failed to have an attorney review any paperwork means nothing. That in itself is no valid reason to void a contract.

If she signed a contract to sell and then refuses to sell she can be sued by the buyer and forced to sell.

She can try and cancel the sale if the buyer is willing to let her out of the contract, and she may have to pay the buyer any costs they incurred so far. Even if the buyer refuses to let her out she can refuse to close, but the buyer can sue for specific performance to force her to sell. Win or lose, this could end up costing her some money. She should probably address this issue with the buyer immediately before they incur additional costs. Maybe the buyer will feel its not worth pursuing this if she is not going to close without a legal battle to enforce the contract.

getting out of a sale - Posted by Michelle

Posted by Michelle on February 01, 2005 at 15:36:14:

a relative has signed some paperwork (not reviewed by an attorney) to sell some property. they have scheduled a closing for Aug, pending the buyer getting financing. my relative has now changed her mind and doesn’t want to sell. is she obligated to go through with the sale? how can she get out of the sale?

Re: getting out of a sale - Posted by chet

Posted by chet on February 01, 2005 at 21:56:11:

if she need out, have a good RE atty see if there’s an out in the contract.