How to Back Out of a Contract on a Home for Sale

By eHow Personal Finance Editor

Rate: (5 Ratings)

Contracts are easier to get into than out of - but it can be done. Here are some strategies for getting out of your obligation.

Instructions

Difficulty: Moderately challenging

Things You’ll Need:

  • Legal Counsellors
  • Writing Papers
  • Writing Pens

Step1
Consult a real estate broker or attorney and look for contingencies (loopholes) in the contract, such as inspections or documents that have yet to be approved. Write a letter to the seller that formally informs her that you disapprove of a particular, unacceptable condition or document.
Step2
Get a letter from the lender stating that, after further inspection of financial documents, the buyer (you) now does not qualify. Be prepared to show proof.
Step3
Provide documentation from an appraiser showing a lower-than-originally-assumed value for the property. (You'll still have to pay for the appraisal, but it's cheaper than buying the house.)
Step4
Be candid with the seller. Discuss the situation and see if the seller is willing to allow you to back out of the contract. By law, you can't be forced to buy the property, but depending on how the contract was written, the seller may be entitled to keep your deposit.

Tips & Warnings

  • The purchase contract is a legally binding agreement, and failure to adhere to all agreed-upon items could have legal consequences. (In other words, you could be sued!)

Comments

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hbjsf said

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on 7/10/2008 What do you do if your financing fell through and now you want to stay in your current home? How do you get out of the contract on the sale of your current home?

Anonymous

Anonymous said

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on 11/22/2005 Use a professional to write your contract and include the contingency for financing, inspection, appraisel, sale of home and so forth up front. None of these items are reason to "get out of a contract" unless written into the contract.

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eHow Article:  How to Back Out of a Contract on a Home for Sale

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