I am in escrow and set to close in 23 days, The seller now says he has changed his mind and does not want to sell. Do I have any rights?

Upset
Home Buyer
Jackson, CA

Answers (2)
Mack McCoy
Agent
Seattle, WA

Yes, you have rights.
So far as the transaction goes, however, you're never going to force the owner to sell to you. You may be able to get your out-of-pocket expenses (inspection, loan fee, etc.) paid for upon request; the Seller likely may also be obliged to pay a commission to the brokers involved.
If you put aside the notion that you can force the owner to sell to you, and can demonstrate actual damages, you can pursue that through negotiation and, ultimately, consultation with an attorney as to the merits of a lawsuit.

Sat Oct 31 2009, 23:32
Jenny A. Le
Agent
California
FIRST ANSWER

You need to review your fully executed contract, including all addendums.

There are contingencies in the contract where they allow either party to act and perform, however, the action must take place "before" the expiration of each contingency. The seller must provide to the buyer written notice of contract cancellation.

Confer with your agent then have your agent re-negotiate with the seller. Find out why he does not want to sell? His reason(s) may be simple enough for you to accomdate his wants and needs.

Sat Oct 31 2009, 23:17

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