Can a seller just cancel a contract? Why would you have to sign a release from contract?

Ms
Home Buyer
Leesburg, VA

Answers (3)
Vicky Chrisner
Agent
Leesburg, VA

Ms - To answer your first question - no, a seller can't just cancel a contract without reason or agreement of all parties, without risking potentially facing a lawsuit for breach of contract. In fact, if a seller dies while his property is under contract, the contract is binding on the heirs. Contracts are serious business.

Even when one terminates a contract based on a contingency, it is still best practice to get a release signed by both parties. The release authorizes distribution of the escrow deposit; but also releases both parties from further claims from the other party. With out it, you may or may not get the escrow released, perhaps more importantly, you could potentially risk future claim and face a lawsuit for breach of contract - and in VA they have 5 years to file that. Don't you want a release? I would.

I hope this answers your question?

There are was to move forward without getting a signature, but there are so many variables it would be hard to advise you. I am in Leesburg, if you have a question and you don't have an agent, feel free to call me; I will give you whatever advise I can and can connect you with an attorney if necessary.

Best,
Vicky
Keller Williams
Leesburg, VA
703-669-3142

Sun May 24 2009, 06:17
Cindy Jones
Agent
Woodbridge, VA

It depends on the "seller". Is this a bank owned property? If so then they can do just about anything they want. However if this is a "regular" sale then it isn't quite as easy to do. If you are represented by an agent they should be finding out the reasons for the cancellation of the contract. A release means you most likely will get your deposit back which is a good thing!

Sat May 23 2009, 11:26
Chris Mabry...
Agent
Tucson, AZ
FIRST ANSWER

Ms,
I think we're going to need some more details in order to answer this question. Usually, it's not so easy for a seller to just change their mind. Once they have accepted an offer, they are in a binding contract. It's much, much easier for the buyer to change their mind for a whole lot of reasons. Not so much the seller. More info please....

Sat May 23 2009, 09:20

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