Home Selling in San Mateo>Question Details

ssummit81, Home Buyer in Simi Valley, CA

can seller cancel the agreement if seller is not able to perform? eventhough buyer is willing to extend the agreement for any number of time.

Asked by ssummit81, Simi Valley, CA Thu Jun 20, 2013

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It would be helpful if you could give information as to the seller’s inability to perform. For instance, if you are in a short sale in which a contingency is approval from the lender and that approval is denied the seller will not be able to perform no matter how long the buyer is willing to extend.

Of course, there is a difference between being unable to perform and being unwilling to perform.

Is it possible that the seller wants to cancel because the seller thinks that a higher price is waiting?
1 vote Thank Flag Link Thu Jun 20, 2013
A signed contract is a legal obligation, albeit not always an unbreakable one, but a legal obligation nonetheless, and holds a lot of water in court. Generally, though, they are far fewer outs for sellers in home sales than for buyers.

This is what it could happen to the seller if he decided not to sale at the last stage, the buyers or their attorney, would write a letter to you explaining the legal consequences of not closing on the agreed upon sale. If seller still don't budge, the attorney may file a "specific performance" law suit against you, possibly with a "lis pendens" against the title, which will not only keep you from selling his house to another buyers, it will keep you from refinance it.

Best of Luck,

Maria Cipollone

0 votes Thank Flag Link Thu Jun 20, 2013
Only a court can force a seller to sell his home. More often than forcing a sale, the court will award damages as appropriate. A local experienced real estate attorney can give you the best advice, but even the best attorney can't guarantee the results of arbitration or a court hearing.

Have your agent and your agent's broker get as much information from the seller as possible. Only an attorney can give legal advice but the broker and agent can provide some help deciding whether to look for an attorney.

Your question shows up in "Home Selling in San Mateo" but you are shown as being in Simi Valley. There are differences between northern and southern California.

San Mateo real estate statistics at http://julianalee.com/san-mateo/san-mateo-statistics.htm

Juliana Lee
Top 2 agent nationwide at Keller Williams Realty, the nations largest
Cell 650-857-1000

Over 20 years experience
Over 1,000 homes sold in Santa Clara and San Mateo Counties
Web Reference: http://julianalee.com
0 votes Thank Flag Link Thu Jun 20, 2013
It will be very hard for the buyer to force you to complete the sale. But you have to talk to your agent and/or a qualified California real estate attorney to review your situation and to advise you on your next step.
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Thu Jun 20, 2013
It's impossible for any of us to provide you with a good answer without seeing the contract and knowing the language in said contract.

As the others have stated, talk with a real estate attorney, but prior to doing that, talk with your agent and their Broker to try and get some free advice before you start chasing your money.


0 votes Thank Flag Link Thu Jun 20, 2013
I would need some more information to comment, but you should talk with a real estate attorney.

Judges are generally not inclined to force people to sell their property, but you could presumably have damages that they might award.

I would have your agent talk with the other agent to try and figure out what's really going on first and go from there.
0 votes Thank Flag Link Thu Jun 20, 2013
Call your attorney but bottom line....once the contract is signed you are as obligated to sell as they are to buy and it become a legal issue. Good luck
0 votes Thank Flag Link Thu Jun 20, 2013
Depends on your contract, therefore review the agreement, and or, consult with an attorney....
0 votes Thank Flag Link Thu Jun 20, 2013
We have had a lot of Q like this lately:
Understand that you have signed a CONTRACT, and all that that entails.
A CONTRACT is sort of like the painted lines on the highway; it keeps you between the lines.
It tells you what you can do, and what you can't do.
And it is fodder for Lawyers.
The best adice I can give you, (and this is not legal advice) is to communicate; maybe even sitting down with all parties, and talking about the situation.
Surely, you can hit a compromise.
0 votes Thank Flag Link Thu Jun 20, 2013
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