BEST ANSWER
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