Legal Question in Real Estate Law in California
Can a California seller cancel their land listing agreement after accepting an offer and entering escrow? The contract time has expired, but the buyer has not faulted in anyway. The seller is very sick and just simply changed his mind.
Asked on 9/25/13, 9:04 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It is a breach of contract, both as to the listing agreement, and as to the sale of the property.
Answered on 9/26/13, 6:21 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Further, a buyer has a strong enforcement tool against a breaching seller. There is a remedy called "specific performance" where a court can order, instead of money damages, that the seller actually complete his deal. In other words, a seller can be forced to sell.
Answered on 9/26/13, 8:36 am