Home Selling in 07302>Question Details

juan, Home Seller in New Haven County, CT

I signed a contract and now I no longer want to sell

Asked by juan, New Haven County, CT Mon Dec 8, 2008


I have sellers remorse and no longer i want to sell. My realtor is aware of this situation and she said she can sue me for a full comission. I am willing to give her the full comission but the sellers already done a home inspection and the clossing its schudule in 2 weeks. I have their address and I am thinking about talking to them and offer them a couple of thousand dollars to walk away. Can I legally do this? Please advise.


Help the community by answering this question:


Juan: Yes you can, under certain circumstances. What they are and what the consequences of the various actions open to you depend on the details of two contracts: Your listing contract and your selling contract.

The good news is that there is no death penalty involved. I doubt that any criminal violation will exist.

Contracts are "made to be broken." Breaking them exposes you to legal action of at least two kinds, first suit for damages and two, suit for specific performance. (This last means that the buyer may want your house more than the cash that they may be able to get from you and may be able to get the courts to force you to yield up the property to them.)

This is all vague talk. You really need a competent attorney to counsel you and the charm and luck that would make an Indian cobra charmer green with envy.

Take a deep breath, be sure you know what you want and what you can afford to pay to get it and then get legal counsel.

Sorry you ended up in such an awkward position.
1 vote Thank Flag Link Mon Dec 8, 2008
Speak to your attorney!! If I did not make myself clear, SPEAK TO YOUR ATTORNEY!! No real estate professional can give you legal advise, only your attorney is capable of that!

One other thing, CALL YOUR ATTORNEY, It is his/her job to protect and advise you.

Good Luck,

2 votes Thank Flag Link Mon Dec 8, 2008
Please give us an update of what happened.
1 vote Thank Flag Link Tue Dec 23, 2008
Oh my... scaredy cats everywhere. Yes, you can talk to them. You can bribe them. If they accept your bribe, then you'll need to have an agreement that says they agree to cancel the contract and accept your payment, and will not take further action (here's where the attorney should draft this up). Remember, if the buyers want the house, you may (MAY - check with your attorney) be forced to sell to them.

Yes, you'll owe the agents their commission...after all, they did their jobs.

Good luck.
1 vote Thank Flag Link Mon Dec 8, 2008
Question was asked in 2008. 5 years ago. I'm thinking this has been resolved.
0 votes Thank Flag Link Tue Nov 12, 2013
Hi Juan,

Did you hire an attorney for the transaction? Realtors are excellent resources but we cannot give legal advice. What I can tell you is that the attorney I work with puts a clause in all our contracts stating that the seller may back out of the sale under certain circumstances such as a job that falls through, a home sale that falls through, etc.

It doesn't sound like either of these is your scenario, in which case I would say the following:

*It is good that you acknowledge that you owe your agent her commission. Be aware that depending on your state laws (I'm in NJ) you may also owe the BUYER'S agent his or her commission as well. They brought you an offer and you accepted it; their job as the transaction broker has been completed, and they deserve to be paid.

*I don't know the value of the home, but I have had some pretty persistent buyers who would not be willing to accept "a couple of thousand dollars" to walk away from their dream home

Bottom line, though: take several deep breaths, remember why you wanted to sell in the first place, and if all else fails, work in tandem with your lawyer to minimize your exposure.

Hope this helps, and best of luck!

Best Regards,

Jonny Lowell-Mazzye
Joseph A Del Forno, Inc.
0 votes Thank Flag Link Tue Nov 12, 2013
I would recommend you contact an attorney regarding this. I also recommend you think long and hard about why you have changed your mind. You obviously wanted to sell the home or you wouldn't have listed it in the first place.
0 votes Thank Flag Link Thu Dec 20, 2012
Hi Juan,
I don't know exactly what the rules and regulations are like in Connecticut...but you should contact your lawyer and possibly not your Realtor. Realtors are not lawyers and as such are not allowed to give
legal advise to their clients...We can guide you to the right sources who probably have hundreds of ways that you can delay, if not stop the closing. Call your attorney immediately........now.
All my best,
Albert Stinchcomb
Liberty Realty, LLC - Corporate offices/Hoboken
0 votes Thank Flag Link Thu Dec 20, 2012
If you were still in attorney review you could get out of the contract. However, when you are just 2 weeks away from the closing it is very unlikely you will be able to get out of the contract.The best way to find out your options legally is to speak to your attorney
0 votes Thank Flag Link Thu Jul 5, 2012
Do you have legal representation at all or are you doing this on your own? You have legal rights but also legal obligations to the other parties(the buyers, the Realtors involved,..etc.). You can not navigate this alone. You must seek competent legal advice right away.
Web Reference: http://abbasihomes.com
0 votes Thank Flag Link Wed Jul 22, 2009
Best advice, let your attorney handle it. I don;t think a Judge can force you out of your home.
0 votes Thank Flag Link Wed Jul 22, 2009
Is there an end to this story?? Were you able to get out of the contract? I am not an attorney, but from my experience, these contracts are balanced on good will of both parties and dilligence and experiencec of the agents involved. If brokerage pursues the matter in court - you are responsible for full commission; if buyers pursue matters in court - you will be responsible for all their expenses connected to the purchase of this home (plus depending on how good their attonry is - there might be other punitive damages). I am very curious to hear how it all ended. Good luck!
Web Reference: http://www.realtoririna.com
0 votes Thank Flag Link Mon Jan 5, 2009
As everyone else here has said... speak to your attorney.

I agree with William. Contracts are made to be broken.

My opinion is ... what are they gonna do? The house is in your name, it is your house and you decided to stay. Tough. Don't offer them anything. Let your attorney handle it. You may be liable for actual damages, maybe the moving company or rent.. I am not an attorney, but I can not see you being taken from your home by the house police because you decided not to sell your home.

Your Realtor may be able to sue.. as they did bring a qualified buyer. But, there are so many different scenarios that can happen.. you really need to contact your attorney

Good Luck.
0 votes Thank Flag Link Tue Dec 23, 2008
Any legal question has to be answered by someone licensed to do so: an attorney. Find one who specializes in real estate. Right away.

Joan Prout, MBA
Broker Associate
306 Grove Street
Jersey City, NJ 07302
201-946-2700 x310
800-671-0596 x1 (direct)
0 votes Thank Flag Link Mon Dec 8, 2008
Hi Juan, the only resource that can advise you properly on this matter is your attorney. Get to him/her quickly.

Jeannie Feenick
Search and connect at http://www.feenick.com
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Mon Dec 8, 2008
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