In real estate, sellers often assume that once they accept an offer, the deal is done. However, life happens, circumstances change, and sellers sometimes ask, “Can I back out of selling my house before closing?” While the short answer is maybe, the longer answer is far more nuanced.
Backing out of a home sale after signing a contract can lead to legal, financial, and reputational consequences. So whether you’re selling a home in Little Rock, AR or a condo in Portland, check out our guide below to understand the reasons a seller can and cannot cancel a transaction.
Reasons a seller might be able to back out
There are several conditions under which a seller may be legally justified in pulling out of a home sale. Some contracts include seller-friendly contingencies, such as the need to find a replacement home. If these terms are clearly written into the agreement and are not met, the seller may be able to cancel without penalty.
Another common reason a seller can back out is a buyer breach. If the buyer fails to meet their obligations, such as missing the earnest money deposit deadline or failing to secure financing by the agreed-upon date, the seller might be released from the contract.
In certain states, real estate contracts are subject to an attorney review period, typically lasting three to five days. During this time, both the buyer and the seller can have the agreement reviewed by their respective attorneys and cancel the deal without any penalties.
Sellers can also back out if there is mutual agreement to terminate the contract, a signed release form or termination agreement can resolve the transaction without further complications. In rarer cases, if the contract contains a legal flaw, such as ambiguity, missing terms, or it was not properly executed, the seller might have legitimate grounds to withdraw from the agreement.
3 reasons a seller might not be able to back out
Not all second thoughts are valid grounds for cancellation. Here are some situations where the seller might be locked into the deal:
- No contingencies: If the contract doesn’t include exit clauses and the buyer is fulfilling their obligations, the seller generally cannot cancel without breaching the agreement.
- Higher offers: Even if a better offer comes in after the contract is signed, the seller is bound to the original deal. Backing out to accept a higher price is a breach of contract.
- Change of heart: Simply deciding not to move or experiencing seller’s remorse isn’t a legally acceptable reason to cancel. Courts often enforce real estate contracts strictly.
It’s important to note that courts often view signed real estate contracts as binding commitments, and emotional or personal reasons typically don’t hold up as valid justifications.
Consequences of backing out of a contract
Backing out of a home sale contract without legal justification can expose the seller to serious consequences. A buyer who feels wronged may choose to take legal action which can potentially incur financial penalties and a negative reputation on the seller:
Legal action
The buyer may sue for specific performance, a legal claim that asks the court to compel the seller to proceed with the sale. If the court sides with the buyer, the seller could be forced to go through with the transaction. Alternatively, the buyer might pursue monetary damages to cover expenses they incurred during the process, such as inspection fees, appraisal costs, and temporary living arrangements.
Financial penalties
The seller may be liable for reimbursing costs the buyer incurred, including inspection fees, appraisal costs, and temporary housing expenses. In addition, a real estate agent may still be owed their commission if a signed agreement existed, regardless of whether the sale closes. This can result in thousands of dollars in owed commissions despite no final transaction being executed.
Negative reputation
Backing out can damage a seller’s credibility within the real estate community, potentially affecting future transactions. Future agents and buyers may hesitate to work with a seller known for breaching agreements, making it harder to negotiate or close future deals.
Best practices when backing out of a home sale
If you’re a seller considering cancellation, follow these steps to reduce risk and conflict.
- Consult with professionals: Talk to a real estate attorney and your Redfin real estate agent to assess your legal standing and explore your options.
- Document everything: Keep detailed records of all communications, contract clauses, and reasons for cancellation. This protects you in case of disputes.
- Negotiate: Sometimes, offering compensation to the buyer in exchange for a voluntary release from the contract can be the smoothest path forward.
So, can a seller back out of a contract? In some cases, yes. Just note that the ability to do so depends heavily on the terms of the agreement, the buyer’s actions, and the legal framework in your state. To minimize risk, understand your contract, communicate openly, and seek professional advice before taking any steps to terminate a home sale.
FAQs about backing out of a home sale
At what point can a seller back out of a deal?
A seller can typically back out of a deal before signing the purchase agreement or during the attorney review period, if available in their state.
What happens if a seller changes their mind?
If there are no contractual provisions allowing cancellation, the seller may face legal and financial consequences. Buyers can sue for damages or force the sale.
Can a seller change their mind after accepting an offer?
Yes, but only under specific conditions like valid contingencies or mutual agreement. Otherwise, the seller is bound to the contract terms.
Can a seller pull out after signing contracts?
Only if the buyer breaches the contract, contingencies allow it, or both parties agree. Otherwise, the seller risks legal action and penalties.