Full question:
I am the buyer of a residential property in Brentwood, in escrow, scheduled to close Nov. 11. After many sleepless nights I now realize I do not want to go through with the purchase. The contingencies I put on the purchase were all met and approved by me except a final inspection of some agreed upon repairs. Can I call my agent and tell them I want out? I am willing to forego the $3000 earnest money but will they be able to make me buy the house?
- Category: Real Property
- Subcategory: Sales
- Date:
- State: Texas
Answer:
In general, you may be able to terminate a real estate purchase agreement if the contingencies are not met. Review your contract carefully, especially the section regarding earnest money. This section typically states that if you fail to complete the purchase, the earnest money may be considered liquidated damages for the seller.
If your contract does not specify that the seller will accept the earnest money as liquidated damages, the seller might pursue specific performance, which means they could force you to buy the home, or they may sue you for damages resulting from your breach of contract.
If you decide to terminate the agreement and do not plan to buy another home, also check any buyer's agreement you signed with your agent, as it could expose you to liability for commissions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.