Legal Question in Real Estate Law in California

my brother signed a contract for a home but is having concerns about appraisal on the house as he is assuming it will be less than expected. The seller had a no-contingency clause, but my brother didnt put any deposit money yet. So can he backout of the deal or are there any repurcussions. Thanks


Asked on 11/30/12, 1:00 pm

2 Answers from Attorneys

If your brother signed a no-contingency contract he has no right to cancel. The fact that he didn't pay his deposit only means it will be a little harder for the seller to collect when they sue him.

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Answered on 11/30/12, 2:29 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The fact that no deposit was made simply means the seller will not be able to look to the deposit as a portion of their damages. But the seller can still file a lawsuit for breach of contract.

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Answered on 12/28/12, 3:05 pm


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