Recent Answers to Real Estate Sale Agreement Law Questions

I recently entered into a real estate sale agreement to purchase a house. However, after moving in, I discovered a major structural defect that the seller failed to disclose during the negotiation process. This defect will require significant repairs and affects the safety and value of the property. I want to know if I have grounds to back out of the agreement and seek compensation for the repair costs due to the seller's non-disclosure.

Dan P.

Answered Apr 28, 2025

Under general Contract Law, the pre-existing conditions of the property merge into the Deed at the time of conveyance pursuant to the Merger Doctrine. However, exceptions to this rule do exist, particularly under state statues requiring disclosures pertaining to the sale of real property. Consult with a qualified attorney in your state to discuss possible remedies.

I recently entered into a Real Estate Sale Agreement with a seller to purchase a property. However, a few days after signing the agreement, the seller expressed their desire to back out of the deal. They claim that they received a better offer from another buyer. I'm wondering if the seller has the right to do this, or if I have any legal recourse to enforce the agreement and proceed with the purchase of the property.

Moss S.

Answered Jun 14, 2024

It all depends on the contingencies that are contained in the agreement. Some of those contingencies include an inspection, financing, title defects and more. I would have to review the agreement to let you know precisely what rights that you have to terminate the transaction.

I recently entered into a Real Estate Sale Agreement with a seller to purchase a property. However, a few days after signing the agreement, the seller expressed their desire to back out of the deal. They claim that they received a better offer from another buyer. I'm wondering if the seller has the right to do this, or if I have any legal recourse to enforce the agreement and proceed with the purchase of the property.

Laura H.

Answered Jun 14, 2024

Generally, a real estate contract is binding and enforceable once it is signed. There are sometimes contingencies built in, usually for the buyer's benefit. The best way to find out your specific options is to have a local attorney review the agreement.

I take my share of 50% profit of the sale of property and move out But Keeping the property under my name for two years other pay all expenses and monthly mortgage and all other financial responsibilities of the property for two yrs and Property sale after two yrs if the other party can’t get pre oprove to buy the property…

Jane C.

Answered May 27, 2022

I suggest you consult with an attorney.