Can a seller back out of a contact ?
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Can a seller back out of a contact ?
Because we are in a contract and the buyer needs to move
in the house sooner and I cannot move as soon as he
wants me to move
Asked on October 7, 2017 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you cannot back out of the contract unless (1) the contract itself contains some clause or provision allowing you to get out of it (and you fully comply with its terms); (2) you discover that the buyer committed fraud, or lied about something important to get you to sign; or (3) the buyer materially (in a significant way) breaches or violates the contract, such as by not paying amounts due under the contract when they are due. Otherwise, the contract is binding--but not just on you, but also on the buyer. The buyer cannot force you close or move earlier than the closing date set in the contract; that is the legally enforceable date.
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