Can I Cancel A Contract To Sell????
can't get ahold of my lawyer. ex lawyer? I have a signed comtract to sell a property and have received the deposit. i'm getting leary about the people and the 2nd that i agreed to take back. potential closing date of march 29th. can i get out of this??? thanks. best regards, toes
That all depends on what your contract says.......
Why? The contract is signed. Were you under pressure to sign? Probably not. So be strong and affirm for yourself the decision you made and move ahead.
The deal is complete/agreed in our opinion.
[addsig]
I was probably dumb to sign taking back a 25% 2nd. and some circumstances have changed. its our personal home.
thanks for input
circumstanses: we have 2 children, 3 dogs and 3 cats. we cannot move to fla until the end of june. we HAD a place to move temporarally. now we don't. try to find a place that will rent to us for 3-4 months. not easy...impossible to find!!!
While I agree that you should probably perform on your deal, we all have circumstances that sometimes might prevent us from doing this. You should have probably had all this taken care of before you went ahead with the deal.
Regardless, is there anything in your agreement such as a contingency that your Florida plans work or not?
Are they willing to wait longer? Won't hurt to ask.
If not you may be looking for "creative solutions" to find yourself a place to stay.
There's got to be somebody willing to rent on a short term basis if that is something your looking to consider.
Best of Luck! [ Edited by HouseBuyerGuy on Date 02/26/2004 ]
we thought that we did have everything taken care of. now, due to circustances out of our control we have no temp residence. we will see if we can rent back for a few months from the puchasers but I was thinking that if need be the threat of cancelling the contract might help sway their decision. the most creative alternative (yet underhanded and not something i would want to do) is to have our lawyer delay the closing as long as he can....close the deal, not move and make them evict us. or, save the cost of eviction and let us stay until the end of june and we throw them an extra thousand or so??? your thoughts are appreciated.
I agree with the others. If you don't have the contingency that your Florida plans work out, then the only way to get out of it is by proving there wasn't genuine assent to the contract. This means there had to have been fraud, some sort of misrepresentation (on their part), or if you were under undue influence or duress.
Basically, it doesn't sound like any of that happened. And trying to come up with a way to use it now would certainly be unethical.
IMHO, your best option is probably to try to negotiate something with the new owners, like you said. You're giving them some consideration by taking back 25% (that's a lot, where I'm located)...so maybe they'll be a bit understanding. The agreement you're offering to rent from them seems fair. I'd avoid the eviction thing, 'cause that tends to come back to haunt you, one way or another. Just be honest with them and plead your case.
Unless you know of them to be hard-nosed folks. Then I'd just keep looking for another temporary lodging place.
Best of luck.
thanks for the reply. we are going to try that.