Legal Question in Real Estate Law in California

can the seller back out of the deal after escrows open.


Asked on 6/16/12, 11:23 am

5 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Often, no. Real-estate deals go into escrow when a contract is signed by buyer and seller, but the contract may be conditional upon this-or-that, and escrow can't close until all the conditions are met. A common condition is that the buyer obtain financing. Conditions upon the seller's duty to close are less common, but may exist. When the seller has no valid excuse for closing escrow and completing the transaction, the buyer can frequently sue for "specific performance," a legal action (lawsuit) asking the court to order the seller to complete the transaction, and if the seller still refuses, the court can have the papers drawn up and the seller's name signed by the court clerk as an "amanuensis" (surrogate signer). Let's hope you don't have to go to court.

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Answered on 6/16/12, 12:04 pm
Anthony Roach Law Office of Anthony A. Roach

Unfortunately, the only answer that I can give you is "it depends." It depends on a lot of information which you don't provide.

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Answered on 6/16/12, 12:28 pm
Joel Selik www.SelikLaw.com

Look at the contract and facts. Some parties try to cancel when they may not.

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Answered on 6/16/12, 12:35 pm
Terry A. Nelson Nelson & Lawless

Anyone can 'breach' an agreement. However, he can't unilaterally withdraw from escrow. To cancel escrow requires the written consent of all parties, and someone paying escrow and other associated costs. Whether you can enforce the agreement and force him to sell to you depends upon whether you have fully and timely complied with all terms and conditions that apply to you, the buyer. Generally, a buyer can enforce a sale, where a seller can't. You should consult with experienced counsel to determine your rights and remedies. If serious about doing so, feel free to contact me.

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Answered on 6/16/12, 2:17 pm


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