Legal Question in Real Estate Law in California
If a counter offer to purchase my property was signed by me and was excepted by buyers can I get out of it. It has only been a day.
3 Answers from Attorneys
If you both signed it, and the terms are the same, and the Buyers did not reserve the right to "accept" (approve) your counter-offer, then you have a binding contract, and you are going to have to find a different reason to get out. There is no right of rescission period in a real estate contract - in fact, the contracts most realtors use actually have printed in bold-face type the fact that once you sign it, it is a final deal. You will want to have a local real estate lawyer review the contract to see if there is any other basis for you to get out, but changing your mind is not a valid reason.
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You can try, but don't count on it. IF you can work out a cancellation, it MUST be in writing in correct and proper form to protect you from later suit. If serious about hiring counsel to help in this, and if this is in SoCal, feel free to contact me.
You have an enforceable contract now, with the possible exception that any "contingencies" mentioned in the offer and acceptance would have to be considered from the aspect of who must remove them by some performance, and/or who may waive them. If there are no contingencies or they are all within the power of the buyers to control, the buyers now have a deal they can enforce through an action for "specific performance," a remedy wherein the court obliges the seller to sell to the buyer.