Legal Question in Real Estate Law in California

Getting out of an accepted offer to buy a home

I submitted a no contingency offer to buy a new property. The offer was accepted (there was no counter offer made). I signed and initialled all the pages before the offer was submitted. I have three days to deposit the 3% in escrow. Is there a legal way I can get out of the offer without forfeiting either my 3% escrow payment or paying the seller's brokerage comission? The offer was accepted today. If I can get out I would like to do do as soon as possible.


Asked on 9/13/04, 8:00 pm

4 Answers from Attorneys

Austin Bosarge Turning Point Law

Re: Getting out of an accepted offer to buy a home

I would need to see the contract to determine your liability. My fax number, if you so choose, is (415) 492-2108.

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Answered on 9/13/04, 8:07 pm
Barry Snyder Snyder Law

Re: Getting out of an accepted offer to buy a home

Sure, you can get out. California law allows a period (17 days as I recall) during which you can get out of the contract. If you don't make the deposit, you have not fulfilled a requirement for the completion of the contract. I recommend that you not submit the deposit and just back out. Your real estate agent should be knowledgeable on that issue.

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Answered on 9/13/04, 8:11 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Getting out of an accepted offer to buy a home

I can't believe that you have a "no contingency" contract. Almost every real estate contract has contingencies for inspections, financing, review of preliminary title reports, etc.

Contracts are written for buyers.

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Answered on 9/13/04, 8:43 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Getting out of an accepted offer to buy a home

Once your offer is accepted, you likely have an enforceable contract if there are no counter offers. There is likely some contingencies that might work to your advantage despite your statement that there are no contingencies. Some relate to your qualification for loan, inspection of property, disclosures, etc. If not terms of agreement will likely dictate the seller's damages if you back out, if they do not agree to allow you to do so voluntarily with a negotiated resolution.

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Answered on 9/14/04, 5:51 pm


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