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Just days before closing, one of real estate agent Grant Lopez’s clients realized he had a problem. The San Antonio homebuyer was suddenly sued over an old car accident and the mortgage lender was no longer willing to provide financing, Lopez said. The buyer had no choice but to back out and cancel the transaction.
As with all contingency clauses, if notice is given before the expiration date, the buyer should be able to back out without any major losses. However, this clause usually allows the seller to keep their home on the market, so if they receive a better offer, they too can opt out of the agreement.
If the only lien is a mortgage lien, then the seller is going to have to pay back to the bank the outstanding balance of his loan, and that would have been part of the contract and not something the seller can void the sale over.
"A seller is best-advised to be absolutely firm about wanting to sell real estate," says Joanne Fanizza, an attorney in Farmingdale, New York. Sellers can face high hurdles if they want to back out of a contract to sell their home, explains Fanizza.
With either of these conditions, the other party can protect his or her best interests with a "kick-out" clause. Typically used when the buyer must sell an existing home before purchasing another, this clause allows the seller to continue showing the home while the buyer’s home is listed.
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Yes, a buyer can back out of a sales contract before closing – but what are the consequences. buyers typically put down an earnest money deposit , between 1-10% of the sales price of the home. If the buyer backs out, they may have to forfeit part or all of this money, depending on the terms of the original sales agreement, including contingencies in which the buyer can walk away.