Legal Question in Real Estate Law in Texas


I'm the seller of the pre-owned home. The buyer and I have agreed and signed a Texas Resale Contract. Now, the buyer want to terminate this contract by replacing his own brother to be a new buyer on the contract and ask for his earnest money back. Since the time has passed for the 10 days for the termination option, then in this case, is the buyer allowed to change the contract to other buyer and get his earnest money back? What is the protections for the seller?

Please help and give me some advice.



Asked on 12/13/12, 9:26 am

2 Answers from Attorneys

Joseph A. McDermott, III Attorney at Law

You might let him assign his contract to the brother, but I wouldn't release the earnest money. Instead, the brother can reimburse your original buyer for the earnest money.

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Answered on 12/13/12, 2:27 pm

Nile Copeland Copeland Law Group, PLLC

I would need to look at the contract to make sure everything is in order.

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Answered on 12/14/12, 6:32 am

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