I sold my condo....all documents have been signed....but I now want OUT of the contract. Can I?
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Once the conditions are waved by the buyer the sale is finalized. Now Its up to the buyer to agree on your terms to cancel.
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Talk with your lawyer. He will review the contract and the situation and advise you of any options that you might have.
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A Buying Agency Agreement is a legal binding contract, as you know, and only a Lawyer can help you in this situation. Contract law is very serieuse business.
Don't try to deal with this without legal help you might open yourself to a lot of liabilities. -
It sounds like you have a firm contract and that can be difficult to get out of. The buyer has most likely already made plans to close and may have already sold his own place to buy yours. You should at least speak with your real estate agent and get him to ask the buyer (or his agent) if he'd be willing to release the contract. If the buyer is not willing, then you should definitely speak with your lawyer and see if there's a way out of the contract (although this is rare.) Keep in mind that by doing this, you are opening yourself up to liability.
Good luck. -
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It never hurts to try to negotiate your way out of the contract. The buyer might be willing to let you out of the contract for a sum of money. But, yes, definitely work through your lawyer on that.
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Speak to your lawyer, and if you are using a Notary to do your paperwork you will need to find a real estate lawyer as a Notary will be of limited help here. As other's mentioned you may be able to "buy" your way out of this by offering the buyer a decent sum of money, but if they "love" your home (this is often the case as home buying is emotional) or if they are also obligated to another contract to sell their place, they may be unwilling. Also keep in mind you could potentially be liable for the total costs of many others in the whole chain as deal after deal does not close because you refused to honour your contractual obligations. It could also all be for nothing anyway as in certain areas (in BC for example) the courts could and have enforced the contract through specific performance rulings, transfering the title to the buyer, and evicting the seller from thier now former home. My advice; honour the contract and move on.
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Not really, the Buyer would have to agree: but there's a price for everything, so you might try to negotiate.
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My question would be what has caused you to change your mind? Most folks are happy (and lucky) to have sold?!
Best advice is to honor the contract. You will save time and $$ in the long run than to to try and fight it.
It could be a simple case of seller's remorse...it too shall pass...
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You can do anything you want... but you will likely get sued. The best thing to do is seek legal advice on how to approach this situation with your buyers.
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Definitely one for your lawyer. Remember a Realtor cannot advise you on points of law. However, one suggestion that was made which would be perfectly legal is to offer the buyer an incentive not to close and let you out of the deal. Test the buyers motivation as to how much they really want your place. An offer of $10,000 might be an incentive who knows, but in any event, if you go that route, and it is agreed to buy the both of you (buyer and Seller), you had better have your lawyer draft something up to say the buyer waives any right to make any subsequent claims against you or the property and that the buyer has agreed to collapse the deal upon payment of $xx,xxx number of dollars freely and of their own accord.
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I'm not sure if I'm missing some of the information. It is difficult to comment without knowing the full details, but it seems as though most of the respondents are under the assumption your deal is firm without conditions. Is that the case, or are there any conditions that have not yet been satisfied? If you really must exit the deal, then ask your lawyer to look for a possible breach or missed deadline on the part of the buyer - in any case this is something your lawyer should address.
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